Conducting an economic activity through the Internet has turned into one of the major channels of business today, but the companies involved do not always take into consideration the legal aspects that their website must fulfill.
From Legal Link, we have always believed that prevention is the basis of any economic activity.Â Therefore, we can avoid future conflicts or complaints just complying with the applicable law and adopting some legal safeguards.
In this sense, the main legal aspects to take into account in order to comply and regulate the activity of the website as well as its structure are the following:
I.- Reviewing of the activity: Prior to any other legal aspect that may affect the website, it is necessary to review the activity that is going to be provided from the same. To this effect, it should be considered that depending on the activity to be undertaken, it may be subject to prior authorization from public authorities or to comply with certain requirements and obligations, particularly, when it is going to be provided through the Internet.
II.- General Conditions: In relation to the legal documents included in the website, some general conditions to rule the access and operation of the website need to be produced. These conditions would have to incorporate all data of the service provider, limitations and exclusions of liability, intellectual property rights, permissions to establish links or frames to the web and how these should be set out, information for the users, members and third parties on any aspect of the website. Likewise, these conditions will have to govern liability for any content offered on the website for free to users such as in the case of documents, guides, recommendations, videos, among others.
III.- Particular Conditions: In addition to the above conditions, the website has to incorporate particular conditions in relation to the service or sale of products that are provided through the website. To this effect, these conditions should regulate specific aspects of the services or products, such as: explanation and operation, whether there are any costs, billing and payment, their functionalities and liability limitations, economic conditions, the relationship and responsibilities with users, practices and actions not allowed, the reasons for denial of service, among others. Maybe your website needs different particular conditions, one for each service or product offered. It is common to regulate the activities of electronic commerce for buying and selling goods, providing a service, forums, chats, blogs and communities, among others.
IV.- Implementation of data protection policies: In this area we would need to prior review whether the company is complying with the personal data protection policies. If not, the company would need first to introduce these policies, including especially the preparation of the Security Document which is a description of the status and performance of this issue by the company and the necessary preparation and processing with the Spanish Data Protection Agency of the notification of the files containing personal data. Please note that this is one of the most important legal aspects which may generate user claims in any activity provided through the Internet when processing personal data.
VI.- Marketing campaigns and commercial communications: Concerning the sending of commercial communications in electronic form (email, SMS, etc.) to your users, first of all it is necessary to obtain the prior consent of the user for the sending of these communications. Furthermore, it should be considered who is responsible for this data, the possible use of databases by third parties and, in any case, to establish a policy on this respect. Many marketing campaigns should be reviewed from a legal perspective.
The above-mentioned legal requirements are the standard ones and we will need to know the specific website project to assess its complexity. Moreover, depending on the website project, there may be more legal obligations or more risks that will have to be reviewed in each particular case.
We are at your disposal to prepare a budget including all necessary legal works for the legal coverage of your website.
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