Online Store Terms and Conditions - Spain. Expansion into the Spanish market.

Launching an e-commerce business in a foreign market like Spain is undoubtedly an opportunity for growth and reaching new customers . However, for your online store to function smoothly, it's essential to consider not only the cultural context and shopping preferences. Knowledge of applicable regulations is also key to successfully entering this market . 

Compliance with applicable regulations is not only a way to avoid sanctions from supervisory authorities. Above all, it is a crucial factor in building consumer trust. A store run professionally is perceived as trustworthy, which translates into better sales results in the long run. 

Online store regulations 

For companies engaged in e-commerce, the following legal acts are of particular importance: 

  • Law 34/2002 on Information Society Services and Electronic Commerce ( Ley de Servicios de la Sociedad de la Información y del Comercio Electrónico – LSSI-CE ); 

  • Real Decreto Legislativo 1/2007 , of 16 November 2007, l a Ley General para la Defensa de los Consumidores y Usuarios y otras Leyes complemetarias – Act on consumer and user protection 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 ). 

LSSI-CE 

This law provides the legal foundation for e-commerce and the provision of electronic services in Spain. It applies to services provided electronically as part of a business, including, among others, the sale of goods and services electronically, the sending of commercial communications, and the provision of information electronically. 

One of the main obligations is to provide users with the seller's identification data in a clear and transparent form, in particular the name of the entrepreneur, the tax identification number (NIP), the company's registered office address, e-mail address and other information enabling direct and effective communication with the seller.  

In addition, the seller is obliged to provide: 

  • rules for concluding contracts electronically, including sales conditions, payment methods and delivery methods and dates 

  • information regarding returns and after-sales guarantees. 

It's worth emphasizing that preparing terms and conditions or a privacy policy for an online store operating abroad shouldn't be limited to simply translating existing documents from Polish. Each market has its own specific legal requirements and standards, so the best solution is to leverage the expertise of experts familiar with local legislation. Only then will it be possible to develop legally compliant and effective documents that meet the expectations of both customers and supervisory authorities. 

Consumer and User Protection Act 

Law 1/2007 on the protection of consumers and users is of fundamental importance for entrepreneurs conducting B2C online sales, as it establishes fundamental consumer rights that must be respected. 

Under Spanish law, the consumer has the right to withdraw from the sales contract and return the goods within 14 days without giving any reason. 

Another important issue is the seller's statutory liability for non-conformity of goods with the contract. Until 2022, this period was two years, but has since been extended to three years. In the event of non-conformity, the consumer has the right to request repair or replacement of the product—at their discretion—unless the solution is impossible or excessively costly for the seller. 

Personal data protection 

The General Data Protection Regulation (GDPR) should not be forgotten . Virtually every online activity involves processing the data of website visitors, so knowledge and implementation of the requirements of this regulation—which also applies in Spain—is mandatory. 

In addition to the store's terms and conditions and the checkboxes enabling their acceptance, it's important to ensure that other documents required by personal data protection regulations are in place. The most important of these is the Privacy Policy, which should contain at least the following information: 

  • Data controller details – i.e. information identifying the store owner, such as name and surname (or company name), registered office address and contact details. 

  • Purposes and method of data processing – explanation of what personal data will be collected, for what purpose and using what methods. 

  • Sharing data with third parties – information about possible data transfer, indication of recipients and the purpose of such sharing. 

  • User rights – a description of the rights of data subjects, such as the right to access, rectify, delete data or object to their processing. 

  • Cookies and tracking technologies – clearly defining what cookies are used, for what purposes, and how the user can manage consent. 

In many cases, it will be necessary to obtain the user's explicit consent to the processing of personal data – especially where this does not result from a contract or legal obligation.  

However, documentation alone is not enough. GDPR compliance also requires appropriate organizational and technical measures. In Spain, the Agency supervises compliance with these regulations. The Spanish Data Protection Authority (AEPD ) is one of the most active data protection authorities in the EU. The AEPD has extensive powers, including the ability to impose significant fines.  

Summary  

Running an online store in Spain requires knowledge of local regulations and proper preparation. It is worth seeking the help of specialists to take care of legality and security of your e-business.  

At ecommerce.legal, we offer comprehensive legal support for online stores, tailored to the specific needs of the Spanish market. Our lawyers will ensure your online store's compliance with regulations and its secure operation.  

 

 

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