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The law applies to any business located in Spain that has a commercial website. It includes foreign businesses that have a permanent establishment in Spain and also foreign businesses that direct their marketing towards Spain. It is not just those that sell goods on the net but also those that use the net for publicity.
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It is necessary to register the Internet Domain (or just website address) at the public register where the business is registered. In the case of most companies this would be the provincial "Registro Mercantil" (Public Registry). This way it will be possible to associate the domain with a physical identity for consumers or the Administración Pública to address.
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It is also required for a business to put on the websites its full contact details including NIF, professional registration (if applicable), inscription number any public register like the 'Registro Mercantil' (Public Registry) together with the prices and general terms and conditions of contract which must be printable. A provider must allow access to website visitor statistics.
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Regarding sending electronic publicity the word 'publicidad' (Publicity) must be placed in the subject line of the email or in the first ten characters if it is a SMS and the advertiser must be clearly named. The recipients must have previously agreed to receive it and there must be a simple a free way to deny any publicity messages.
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Website banners must clearly identify the advertiser and be clearly distinguishable from content that are classified as publicity messages on the website.
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The Law declares that contracts agreed electronically via the Internet and fulfil the requirements of a written contract will be considered just as valid. In answer to the question in which jurisdiction does a contract fall, the Law says in the favour of the consumer or if both parties are businesses or professionals it is the place of the Service Provider.
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Fines for breaking this law can be up to 601,012 Euro for the serious infractions. Minor infringements are punished by a fine of 601 Euro up to 60,101 Euro.
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