Summary

Did you know your website can be penalized if it doesn’t include certain legal texts? In this article, we explain which ones are essential to operate safely and comply with regulations in Spain and the European Union. Protect yourself and build trust with your users!

Introduction

Having a website isn’t just about attractive design and relevant content. To comply with laws in Spain and the European Union, you need to include certain legal texts that protect both your users and your business. These documents not only ensure transparency but also help you avoid potential penalties.

In this article, I’ll explain clearly and practically which legal texts are essential and how to implement them on your website to comply with current regulations.

Mandatory Legal Texts

1. Legal Notice

The Legal Notice is essential for identifying the owner of the website and providing basic information about the company or self-employed person responsible. According to the Law on Information Society Services and Electronic Commerce (LSSI-CE), this document is mandatory for sites engaged in economic activities, even indirectly.

Key Elements of the Legal Notice:

• ✅ Name or company name.
• ✅ NIF or CIF (tax ID).
• ✅ Registered address.
• ✅ Contact details (phone and email).
• ✅ Information about registrations in official registries, if applicable.
• ✅ Purpose of the website.
• ✅ Terms of use and intellectual property.

2. Privacy Policy

If your website collects personal data, such as emails or names, you need to include a Privacy Policy in compliance with the GDPR and the LOPDGDD. This text informs users about how their personal data is collected, used, and protected.

Key Elements of the Privacy Policy:

• ✅ What data is collected (name, email, etc.).
• ✅ How and for what purposes it is used (e.g., sending newsletters, responding to inquiries).
• ✅ Who is responsible for processing the data.
• ✅ If the data is shared with third parties (e.g., Beehive).
• ✅ Users’ rights (access, rectification, deletion, etc.).
• ✅ Data retention period.
• ✅ Legal basis for processing.
• ✅ Procedure for exercising these rights.

💡 Practical Example: If you offer a newsletter like I do, your Privacy Policy must clearly detail how subscriber emails are stored and used. For instance, I manage everything through Beehiiv, and my Privacy Policy specifies how this platform processes data on my behalf and ensures its security.

3. Cookie Policy

The use of cookies on your website is also regulated. You must inform users about the cookies you use, their purpose, and how they can manage them. This text is mandatory under the Spanish Data Protection Agency (AEPD) regulations.

Key Elements of the Cookie Policy:

• ✅ What cookies you use.
• ✅ Types of cookies (technical, analytical, advertising, etc.).
• ✅ Purpose of each cookie.
• ✅ Cookie duration and management.
• ✅ How users can manage cookies.
• ✅ Explicit user consent.

💡 Tip: Add a visible banner that allows users to easily accept or reject cookies.

4. Terms and Conditions of Sale

If you offer products or services through your website, you need Terms and Conditions of Sale. This document outlines the legal terms of commercial transactions.

Key Elements:

• ✅ Purchase or contracting process.
• ✅ Policies for payments, shipping, and returns.
• ✅ Applicable warranties.
• ✅ Rights and obligations of both parties.

💡 Practical Example: If you sell digital products, clearly specify that refunds are not allowed once the file is downloaded.

Fines and Penalties in the Framework of Digital Legislation

Violations related to data protection and online services can result in severe penalties under the regulations in force in the European Union and Spain.

Below is a summary of the key sanctioning regimes in the General Data Protection Regulation (GDPR), the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD), and the Law on Information Society Services and Electronic Commerce (LSSI-CE).

Penalties under the GDPR

The General Data Protection Regulation (GDPR) establishes severe administrative penalties for non-compliance. Fines can reach:

• Up to 20 million euros or 4% of the global annual turnover, whichever is higher.
• Violations include non-compliance with processing principles, data subjects’ rights, and supervisory authority rulings.
• Each Member State may establish additional rules regarding criminal sanctions.

Penalties under the LOPDGDD

The LOPDGDD, in alignment with the GDPR, classifies violations into:

• 🔴 Very serious, with fines of up to 20 million euros or 4% of annual turnover.
• 🟠 Serious, with fines of up to 10 million euros or 2% of annual turnover.
• 🟢 Minor, with lower penalties.

Examples of violations:

• Failure to comply with users’ rights (access, rectification, deletion, etc.).
• Lack of legal basis for processing personal data.

Penalties under the LSSI-CE

The Law on Information Society Services and Electronic Commerce (LSSI-CE) regulates online services and penalizes illegal conduct on the Internet. The penalties are classified as:

• 🔴 Very serious, with fines of up to 600,000 euros.
• 🟠 Serious, with fines of up to 150,000 euros.
• 🟢 Minor, with fines of up to 30,000 euros.

Examples of violations:

• Sending commercial emails without prior consent (spam).
• Lack of legal information on websites and digital platforms.
• Failure to comply with electronic contracting requirements.

Penalties for the Use of Cookies

The Spanish Data Protection Agency (AEPD) regulates the use of cookies on websites and digital platforms. The most frequent penalties are due to:

• Failure to adequately inform users about the use of cookies.
• Not obtaining valid consent before installing them.
• Implementing deceptive banners that make it difficult for users to refuse cookies.

It is essential to comply with cookie regulations to avoid fines and ensure transparency in the collection of user data.

Examples of Violations:

• Installing cookies without the user’s prior consent.
• Not providing a clear option to reject cookies.
• Modifying cookie usage without requesting consent again.

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Useful Links

• 🔗 Spanish Data Protection Agency (AEPD)
• 🔗 General Data Protection Regulation (EU)
• 🔗 Organic Law on Data Protection and Guarantee of Digital Rights (BOE)
• 🔗 Law on Information Society Services and Electronic Commerce (BOE)

Frequently Asked Questions

Is it mandatory to include these legal texts on my website?

Yes, according to Spanish and European regulations, all websites engaging in economic activities or collecting personal data must include these legal texts.

What happens if I don’t comply with these regulations?

You could face significant fines that vary depending on the violation. Additionally, you may lose the trust of your users.

Can I create these legal texts myself?

While you can use templates, it’s always recommended to have a professional review and customize the texts based on your specific activity and needs.

Including the right legal texts on your website isn’t just a legal obligation; it’s also a sign of professionalism and trustworthiness for your users. If you don’t have them yet or need to update them, now is the time to act!

Tips for Implementing Legal Texts

1. Make them visible: Include them in your website’s footer for easy access.
2. Use clear language: Ensure they are understandable for all users.
3. Professional review: Consult a specialized lawyer to ensure compliance with current regulations.

In summary: Including the right legal texts on your website is not only a legal obligation but also a sign of professionalism and trust for your users.

If you don’t have them yet or need to update them, now is the time to act! Complying with legal regulations not only avoids penalties but also strengthens your users’ trust. If you’re unsure about which legal texts you need or how to draft them, don’t worry: I have the perfect solution for you!