What is the legal deposit of a website or blog?

Royal Decree 635/2015, which regulates the managing procedures for the legal deposit of websites and its contents (online publications), was passed in Spain in order to preserve bibliographic, sound, visual, audio-visual or digital cultural content and permit access to the cultural content for cultural, research or informational purposes.

After 25 October 2015, one is obligated to submit a legal deposit for a website.

What are online publications?

An online publication is information, whatever its nature, disseminated through a nontangible electronic form, stored in a certain format and capable of identification and differential treatment, with the aim to be publically distributed. Therefore, a website or blog are considered online publications and are subject to legal deposit.

The producer or editor of a website or blog must submit a legal deposit, i.e., the natural or legal person that owns the domain of the website or the person responsible for its management is responsible for the submission of the legal deposit.

Obligations of the editors or producers of the online content

Unlike the legal deposit of tangible publication forms, the editor or producer of online content does not have to take any action. Their obligation is simply to allow the automatic archival online systems of the conservation centres to collect information or transfer the documents the centres require to complete the legal deposit.

Must I submit the legal deposit of my website?

Yes, always when the website includes bibliographic, sound, visual, audio-visual or digital content of Spanish cultures. In addition, the website must meet one of following requirements:

  • It is written in one of Spain’s official languages
  • It is produced or edited by a natural or legal person whose domicile, permanent residence or establishment is in Spain
  • It is produced or published under a domain name related to the Spanish territory

Personal mail, private correspondence, contents hosted on a private network or files containing personal data are not subject to legal deposit.

This article is not considered as legal advice

Mariscal & Abogados has extensive experience in providing legal advice to technology, media & telecommunications companies (TV, press, radio and internet). If you have a query, do not hesitate to Contact us.