Running an online store on a foreign market is an attractive and exciting project, but many aspects must be taken into account if we want our e-commerce to be established in optimal conditions and develop without limits.

In this context, one of the key points to consider is meeting the requirements set forth by applicable regulations. Strict compliance with all regulations is not only a formality worth fulfilling to avoid sanctions from supervisory authorities. The way in which a business is conducted is also a showcase for every seller. Therefore, scrupulous compliance with requirements and adapting to consumer expectations will ensure that our online store is perceived by customers as trustworthy, which in turn promotes sales.

Online store in Spain

The Spanish market offers opportunities for e-commerce companies in many areas, including fashion, household goods, and electronics. Understanding the cultural nuances, shopping habits of Spanish consumers, and applicable legal regulations is key to success in this market. In this article, we'll explore the latter, highlighting what to pay attention to to ensure your e-business operates in full compliance with the law!

General Conditions - regulations of an online store in Spain

In Spanish law, there are three legal acts that are of particular importance to e-commerce companies:

• Law 34/2002 on Information Society Services and Electronic Commerce (LSSI)
• Real Decreto Legislativo 1/2007, of 16 November 2007, la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complemetarias – Consumer and User Protection Act and other supplementary provisions.
• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)

Compliance with the regulations established thereunder guarantees the legality of the operation of your e-shop on the Spanish market.

LSSICE Act

The first of these acts, the LSSI, establishes a number of requirements for online sellers, which essentially revolve around a single issue: the obligation to provide information. According to the act, if a company provides the following services remotely:

• Sales of goods and services electronically,
• Sending commercial communications,
• Providing information electronically,

it is obliged to provide users with certain legal documents in a clear and transparent form, adapted to the activities conducted via the website.

Article 10 of Law 34/2002 specifies the information that must be included when preparing these documents, particularly the online store's terms and conditions. These include:

• data enabling the identification of the seller, including the company name, tax identification number (NIP), company registered office address, e-mail address, as well as other data facilitating direct and effective communication with the seller.
• information on the terms of sale, including payment methods and delivery methods and times,
• information on return conditions, warranty and after-sales services.

! It's worth remembering here that when drafting terms and conditions or a privacy policy for an online store operating abroad, simply translating existing materials from Polish is not enough. When developing these documents, it's best to seek the help of experts who are knowledgeable about the specific legal requirements and standards in a given country, allowing them to be created in compliance with local legislation.

Consumer and User Protection Act

Next, Act 1/2007 on the protection of consumers and users is of fundamental importance for online companies operating in B2C relations, as it establishes important consumer rights that entrepreneurs must respect.

Under Spanish law, customers have the right to withdraw from a sales contract and return goods within 14 days without giving a reason. Another important issue concerns the warranty period. Previously, in Spain, this period was the same as in most European countries, i.e., 2 years. Under a directive approved by the Spanish Council of Ministers, the warranty period in this country has been extended to 3 years since 2022. If a defect is detected in a purchased product, consumers in Spain have the right to choose whether to have their current device repaired or replaced.

GDPR

Finally, it's important to mention the General Data Protection Regulation. Virtually every online activity processes the personal data of website visitors, so it's especially important to familiarize yourself with the requirements under these regulations, which are in force in Spain.

In addition to the store's terms and conditions and the inclusion of checkboxes confirming acceptance, it's important to remember other documents required by GDPR. This includes the need to have an appropriate online store Privacy Policy, which should include information such as:

1. Data controller details: Information about the store owner, including name, surname, registered office address and contact details.
2. Data management: Description of the methods and purposes of personal data processing, including what data will be collected and how it will be used.
3. Data sharing: Information on whether data will be transferred to third parties, specifying the categories of recipients and the purpose of disclosure.
4. Customer Rights: Explaining how customers can access and delete their data.
5. Cookies and tracking technologies: Information regarding the use of cookies and other tracking technologies, including the purpose of their use and the ability for users to manage consent.

In many cases, it will be necessary to obtain clients' express consent to process their personal data. However, it's important to remember that having documentation does not automatically guarantee compliance with legal provisions. The Spanish Data Protection Agency, one of the most active data protection institutions in the European Union  has a broad range of powers in this area. The authority not only supervises compliance with personal data protection regulations but also issues recommendations for businesses.  and is authorized to impose fines in the event of violations.

In summary, the legality of your online store's operation is not a secondary issue, but a necessity that every entrepreneur planning to expand their e-business in the Spanish market should ensure. It's therefore worth taking the time to thoroughly familiarize yourself with the applicable regulations and seek the help of specialists. At ecommerce.legal, you can count on the support of experienced lawyers familiar with the specifics of online business. Together, we will ensure the legal aspects and security of your e-store.

Contact us today!