The current legislation affects any company that uses the Internet in the course of its activity, from organisations with a simple informative website to those that sell products or provide services online. Its impact is particularly relevant for Internet service providers and operators (ISPs), although obligations and responsibilities may vary in each case.
Non-compliance with the LSSICE may result in significant financial penalties, so it is essential to know and correctly apply the requirements set out in the regulation.
At Internet Security Auditors we help organisations comply with the LSSICE through analysis, adaptation and audit services. Our approach combines technical and legal knowledge, allowing compliance to be addressed in a practical way that is aligned with the real needs of the business.
Because certain aspects of the LSSICE can raise doubts about their interpretation and application, a specialised analysis is needed to identify the specific obligations of each organisation and ensure proper compliance.
The most relevant aspects usually focus on the following points:
- Registration of Domains in the Registry
Information society service providers established in Spain must notify the Commercial Registry, within one month of obtaining, replacing or cancelling it, of at least one domain name or Internet address.
Failing to carry out this action carries a high penalty. In addition, "a service provider can be any company that has a website", so at present practically all companies are affected by this first obligation.
- Review and adaptation of contracts within the framework of limitation of liability
Several articles of the LSSICE define specific responsibilities for companies that provide Internet services or ISPs (including, for example, anyone offering web hosting or Internet access). This action consists of adapting, at both legal and technical level, in order to meet these responsibilities and take the necessary "technological measures", as defined by the LSSICE.
- Adaptation of contracting operations and On-Line legal notice
Several articles of the LSSICE regulate contracting by electronic means. Formal obligations for B2B and B2C relationships. The necessary Legal Notices must be in place, depending on the type of transaction, and they will be essential in the event of disputes between the contracting parties.
- Adaptation of commercial communications
According to Art. 21:
The sending of advertising or promotional communications by email or other equivalent electronic means that have not been previously requested or expressly authorised by the recipients is prohibited.
This implies including various notices or modifications in the electronic mailings that companies send, as well as managing them properly, in order to comply with these restrictive conditions.
- Cross-referencing the LSSICE with the LOPD
As the text of the LSSICE is worded, when it is cross-referenced with the provisions of the LOPD regarding obligations, responsibilities, infringements and penalties, the risk of penalties is very high and the amounts of the fines are cumulative. Hence the importance of analysing both together and their specific influence on each individual company.
