Lawyers specialized in Digital Law

Your website must include at least three mandatory texts:

• Legal Notice-Terms of Use. That identifies you or your company in accordance with the provisions of the Law, as well as regulates how you want your website to be used by users.
• Privacy Policy. Where it identifies you or your company as Data Controller, what data we collect, why and how you treat them, all in accordance with the provisions of the RGPD.
• Cookies Policy. Informing in an appropriate manner of the use of non-technical cookies, such as advertising or analytical cookies, and obtaining consent to their installation in accordance with the applicable regulations.
• Terms and conditions. Mandatory if products or services can be contracted electronically through your website or app. If you are also targeting end consumers, all the obligations required by consumer regulations must be observed.

The Cookie Policy should inform about what cookies are and what types of cookies exist, as well as indicate what cookies your website or app installs and what they are used for. Do not forget that to install non-technical cookies (for example, analytical or advertising cookies) you need to obtain the user's consent beforehand. If you think that this is not sanctioned, you are wrong, there are multiple resolutions with sanctions to well-known companies.

You must clearly specify who is responsible for the processing of personal data, what data you collect and for what purpose (sending advertising, managing orders, responding...) as well as the legal basis that legitimizes such processing (consent, legal obligation, execution of a contract or pre-contract, legitimate interest, among others).

In addition, your Privacy Policy must inform, among other things, about other issues such as whether there are international data transfers, whether data is communicated to third parties as well as the rights available to the data subject (access, rectification, deletion, opposition, portability or limitation of the processing of their personal data), providing a simple and direct channel for this purpose.

The Legal Notice must clearly identify the owner of the website or app in question, including data such as name or company name, registered office or professional address, Tax ID number, details of its registration in the Commercial Register in which, where appropriate, it is registered or any other public register in which it is registered for the acquisition of legal personality or for the sole purpose of advertising.

In the event that the activity is subject to a system of prior administrative authorization, the data relating to such authorization and the identification of the competent body in charge of its supervision.

If you practice a regulated profession, you must indicate the details of the professional association to which, if applicable, you belong and your membership number, the official academic or professional degree you hold and the European Union or European Economic Area State in which that degree was issued and, if applicable, the corresponding homologation or recognition, as well as the professional rules applicable to the practice of your profession and the means by which they may be known, including electronic means.

In addition, in the Legal Notice you should include aspects related to how you want users to use your website or app.

The Terms and Conditions of Purchase are mandatory if you sell online, and must clearly state information about the purchase process, prices, payments, shipping, return policy and guarantees. If you also sell to end consumers, they must contain all the obligations that consumer regulations impose on the entrepreneur (legal guarantee, right of withdrawal, complaint procedure, etc.).