E-Commerce Law in Spain: The essentials you need to know

In today’s landscape, e-commerce has taken root as an increasingly common modality for conducting business transactions. However, it is essential to understand the regulations governing this area in Spain, specifically the Law of Information Society Services and Electronic Commerce (LSSI) law 34/2002, which establishes a series of requirements that online merchants must comply with.

Who are subject to this Law?

All those who perform financial activities on the web and those who carry out tasks by telematic means, such as e-mail or interactive television, are included.

It is vital to bear in mind that the administration of the business activity must be centered in Spanish territory, or have a head office or dependency in Spain that provides the necessary services.

Do you need authorization to sell on the Internet?

According to the Electronic Commerce Law, the provision of online services is permitted without the need for specific authorization. However, those services that require administrative approval must comply with the applicable rules and laws according to their corresponding general regime.

Regarding the obligations of companies wishing to market products through their websites, the following requirements stand out:

  • Provide clear and transparent information about the merchant’s identity, including company name, Tax Identification Number (TIN), address, e-mail and other data that facilitate direct and effective communication.
  • Include the registration data in the Commercial Registry or other public registry, if applicable.
  • Clearly specify the price of the products, including applicable taxes, shipping costs and other necessary data in accordance with regional regulations.

In addition, online sellers must provide information on terms of sale, payment methods, delivery times, return conditions, warranties and after-sales services.

Another crucial aspect is the protection of users’ personal data, which must comply with the regulations set forth by the Data Protection and Digital Rights Act, including the General Data Protection Regulation (GDPR). approved in 2018, which emphasizes express and proactive authorization for sending commercial communications.

In summary, the E-Commerce Law in Spain establishes a legal framework necessary to ensure transparency, security and protection for both consumers and online merchants. Complying with these regulations is not only a legal requirement, but also a way to build trust with customers and ensure the long-term success of digital businesses.

Therefore, it is critical for companies to be aware of these laws and ensure that they comply with them at every stage of their online activity. In doing so, they will not only be protecting their own interests, but will also be contributing to the sustainable and ethical development of e-commerce in Spain.

This publication does not constitute legal advice.


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