The new LSSICE

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Correction of the law

Next we summarized the main points gives the new Law them of Services of the Society of the Information:

To whom it affects the LSSICE

The LSSICE affects to all the “Lenders of Services of the Society of the Information�, that is to say, to all those people or organizations that count on a Web through which they realize services at the request of user which they suppose economic character for the person or organization manage that it. In summary, they are forced under this law those that have a Web by which they receive some as much direct economic benefit as indirectly through the users of the same.

Obligations of the Lenders of Services of the Society of the Information

Existon two types of obligations:

- The informative obligations

• Its name or social denomination.
• Its permanent residence or the one of the establishment abierto in Spain.
• Its electronic mail or any other means to locate it easily.
• Data of school registration if it exerts by Internet services corresponding to a titled profession.
• The prices of the goods and services that render through Internet.
• Information of its seat in the registry, if there were place.
• If services are facilitated through Internet that need school registration (for example, legal advising), it is necessary that it consists the associated number of as well as the professional norms applicable to the exercise of his profession.

- The other obligation talks about to the registry of names of dominion in the Mercantile Registry. This obligation only affects those physical or legal people who or were enrolled in the Mercantile Registry or any public registry before the entrance in force of the present law.

The Personal Publicity and Data

The law absolutely prohibits to send by electronic mail communications of advertizing character unless they have been solicitd or authorized properly by the adressee, this consent could at any time be revoked by the user and for it this message will have to include, as much the form to terminate itself of these shipments, as the direction of mail of the user and the form of obtaining of the same.

He is recommendable that the companies that already have a list of users, return to soilicitar the authorization of the same in writing.

The law also forces to identify the advertizing messages of character like such being indicated it by means of the inclusion of the word “publicity� at the beginning of the message, also they will have to indicate the physical and legal person who sends this message.

The Contracts

The celebrated contracts of electronic form will be totally valid even in case no of the parts acts like lender or adressee of the services of the Society of the Information.

The lender of the services will have to inform into unequivocal way on the proceedings for the accomplishment of the contract as well as the form to identify and to correct errors in the introduction of data. Also he is forced to send a confirmation of the celebration of the contract either by electronic means or another equivalent means.

The place of celebration of the contract will be the one of the place of residence of the consumador or, if the contract celbra between two companies, the one of social address of the company supplier of the services.

Mediators

The figure of “confidence third parties is introduced� companies or institutions that will be in charge of the storage of the contracts and that will be able to act like mediators in the hiring processes. In no case these companies or institutions will be able to replace the functions of the professions able to give public faith.

Restrictions and Infractions

In case the activities of a supplier of services “attempt or can attempt� against the public order, the penal investigation, the national defense, the public health, the dignity of the person and the protection of youth and the childhood, among others principles, this one podra to be interrupted at any time.

Thus three types of infractions within the law are contemplated:

• Very serious: breach you order of them dictated by virtue of article 8, not to suspend a service when therefore it has been become ordained, not to retain the traffic data or to use them for aims different from the stipulated ones, et cetera.
• Serious: the massive shipment of publicity by electronic mail, not to inform suitably to the adressee of a contract or not to send the acceptance of confirmation, the resistance to the inspection of the civil servants, et cetera.
• Slight: not to register the dominions in the public registry, not to publish the identity data and service operations, not to identify the publicity clearly, not to facilitate information on the hiring procedure, et cetera.

Sanctions

At the time of graduating the quantity as the sanctions one will consider the intentionality, the term of time of commission of the infraction, the recidivism, the obtained nature of the damages, benefits and the volume of invoicing to that it affects the infraction.

The sanctions by the commission of infractions:

• Very serious: it fines of 150,001 up to 600,000 Euros.
• Serious: it fines of 30,001 up to 150,000 Euros.
• Slight: it fines of up to 30,001 Euros.

They will be able to be adopted measured of provisional character, like the suspension of the service, the seal deposit or seizure of equipment and the public notification of the existence of possible infractoras conducts. In addition, the competent administrative agency will be able to impose coercive fines of up to 6,000 Euros by every day that passes without being marked the measures provisional

Información and Contol

The lenders will be able to resort to the Ministry of Science and Technology for will inform on its rights and obligations and the procedures into resolution into conflicts, among others subjects, and will be able to do it by via electronics.

On the other hand, the ministry will be able “to realize the activities that are precise for their function of control�. The civil servants in charge of the tasks inspection “will have the consideration of public authority in the performance of their assignments�.

 

Source: http://www.lssi.es

 

Related articles and connections of interest

• Official page of the law
• Form of registry of the dominion before the mercantile registry