Rules for internet services and online shopping in Spain

Automatic summary, not yet reviewed

1. The law regulates services provided over the internet, such as online contracting, information supply and intermediation services (network access, data hosting or search tools). It generally applies to providers established in Spain.
2. Providing these services requires no prior authorization and is free throughout the European Union and the European Economic Area, although it can be restricted to protect public order, public health, minors or other fundamental values.
3. Providers must make clear, free information available on their website: name, address, email, tax ID, prices with or without taxes and codes of conduct. They must also report their internet domain name to the public registry.
4. Network operators, access providers and hosting services are not liable for third-party content if they are unaware it is illegal or, if they become aware, they remove the data or block access. They must also keep traffic data for up to twelve months for criminal investigations or public security.
5. Sending advertising by email without the recipient's prior request or authorization is banned, and recipients can withdraw consent at any time in a simple, free way. Electronic contracts are valid and count as written documents, with information duties before and after contracting.
6. The law creates a cessation action to stop conduct that harms consumers, promotes arbitration and codes of conduct, and sets a fine regime of up to €600,000 for the most serious violations.

Who it affects

• Online stores and businesses selling over the internet: They must provide information on their website, confirm orders, avoid unsolicited advertising and can be fined if they fail to comply.
• Internet access providers and hosting services: They have cooperation duties, traffic data retention duties and liability rules for third-party content.
• Consumers who shop online: They receive information before and after contracting, can correct errors and are protected from unauthorized advertising.
• Consumer associations and the Public Prosecutor: They can bring the cessation action against conduct that breaks the law.

Words worth knowing

Servicio de la sociedad de la información (information society service)

Any service provided remotely, by electronic means and at the individual request of the recipient, such as online shopping or browsing a website.

Servicio de intermediación (intermediation service)

A service that makes other services work, such as providing internet access, hosting data or offering links and search tools.

Acción de cesación (cessation action)

A lawsuit asking a court to order an end to conduct that breaks the law and to ban it from being repeated.

Código de conducta (code of conduct)

Voluntary rules agreed by companies or associations in a sector to apply the law to their specific activity.

Datos de tráfico (traffic data)

Connection and communication data identifying which device was used and when, kept by operators and providers.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries