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In-depth information to be found in the Cross-border Ecommerce Report- Spain
In this section you will be able to find information about ecommerce law, privacy and data protection, consumer protection, digital signature, custom and duties, electronic contracting, computer crime and intellectual property rights and labeling in Spain.
Privacy and Data Protection
The Law on Privacy Protection in relation to the Processing of Personal Data was issued in Spain at the end of 1992. The European Directive on this subject was only published three years later, on 24 October 1995 and Spain transposed it into national legislation by the Law of 13 December 1999. Privacy protection constitutes one of the competencies of the State but the Communities and Regions do have some competence in this field with regard to regional public companies. The Spanish rules with regard to the use of “cookies” and other similar techniques are included in the Law on Electronic Communication and have received further interpretation by the Spanish Agency for Data Protection.
The consumer protection in the context of ecommerce under Spanish law is mainly regulated by the Royal Decree of 16 November 2007, which redrafts the Law for Consumer Protection. It contains matters such as rules on offers, labelling, price indication and other information to be provided to the consumer, including some aspects related to financial products. Furthermore, the Spanish transposition of the European rules on distance selling and distant selling of financial products is mainly regulated by Law of 11 July 2007.
Digital Signatures and Authentication
The European Electronic Signature Directive 1999/93/CE has been transposed in this country by a law of 19 December 2003, which assimilates electronic data to handwritten signatures under a series of conditions.
Custom and Duties
If goods are imported from outside the EU, import duties may become due based on the tariff classification, customs value and origin of the goods. VAT will become due upon importation from non-EU countries when the goods are to be declared for use within this country. The customs/VAT warehousing procedure allows the storage of goods without such goods being subject to import duties (neither VAT nor customs duties are due). A non-EU taxable person who imports goods into Spain in his own name must register for VAT purposes and appoint a fiscal representative. A taxable person established outside this country, but within an EU Member State, can either register directly for VAT, or register through the appointment of a tax representative.
More in-depth information (including sources) about ecommerce law, privacy and data protection, consumer protection, digital signature, custom and duties, electronic contracting, computer crime and intellectual property can be found in the Cross-border Ecommerce Report - Spain.
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