New digital duties for companies, government and telecom providers

Automatic summary, not yet reviewed

1. Electronic invoicing becomes mandatory in contracting with the state public sector. The Government and the Autonomous Communities must create a plan to spread its use, including aid for implementation.
2. Large companies in sectors such as electricity, water, gas, telecoms, banking, insurance or transport must give customers an electronic channel, using recognized electronic signatures, to contract, check their data, file complaints and exercise data protection rights.
3. Electronic auctions between businesses are regulated: if they follow minimum transparency rules, they may use the label 'Oferta pública de contratación electrónica de transparencia garantizada' (electronic bidding with guaranteed transparency).
4. The Information Society Services Act is amended: only a judge may order a website shut down or restricted when fundamental rights such as freedom of expression are at stake. The duty to register domain names is removed, and Internet access providers must inform users about security, viruses and child protection.
5. The rules for assessing recognized electronic signatures in court are clarified, and certification service providers' verification duties are made more flexible. Disputes with these providers may go to arbitration.
6. The universal telecom service is strengthened: fixed phone connections must allow Internet and broadband access, and enough accessible public payphones must be available. Breaching consumer rights becomes a punishable offense.
7. The Government must achieve broadband coverage for all citizens before December 31, 2008. New state roads and rail lines must include ducts for communication networks and mobile coverage.
8. The law takes effect the day after its publication in the BOE (official state gazette), but the security information duties of Internet providers start three months later, and companies' electronic channel duties twelve months later.

Who it affects

• Citizens and consumers: They will be able to deal electronically with large electricity, water, gas, banking, insurance, telecom and transport companies, and get better broadband access.
• Companies in key economic sectors: They must offer an electronic service channel with electronic signatures and accessible websites.
• Companies contracting with the state public sector: They must use electronic invoices in their contracts.
• Internet access and email providers: They must inform customers about security, viruses, unsolicited email and liability for unlawful use of the network.
• Certification service providers: They get clearer and more flexible rules on data verification and liability.

Words worth knowing

Factura electrónica (electronic invoice)

An invoice in digital format that guarantees who issued it and that its content has not been altered.

Firma electrónica reconocida (recognized electronic signature)

A digital signature based on a certificate from an authorized provider, with full legal validity.

Prestador de servicios de intermediación (intermediation service provider)

A company that provides Internet access or hosts or transmits third-party content without creating it.

Servicio universal (universal service)

The minimum set of telecom services (phone, broadband, public payphones) every user must be able to obtain.

Banda ancha (broadband)

High-speed Internet connection.

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