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All self-employed, businesses, public agencies and management are required to have a record of files before the Spanish Agency of Data Protection Law 15/1999 governed by Data Protection Act. In addition, the Act establishes a number of different security measures depending on the level of sensitivity of data.
We have specialist staff who will advise you legally and indicates the improvement in their computer systems, thus complying with established security measures in RD/994, improvements as the existence of backup systems, restricted access to computers with username and password, etc.
The penalties for not complying with the LOPD ranging from 6,000 euros to 600,000 euros.
Klever record your files to the AEPD, create the required security document, and adapt their computer systems will keep your business up to date with regard to personal data.
We have specialist staff who will advise you legally and indicates the improvement in their computer systems, thus complying with established security measures in RD/994; improvements such as the existence of backup systems, restricted access to computers with username and password, etc.
The penalties for not complying with the LOPD ranging from 6,000 euros to 600,000 euros.
Klever record your files to the AEPD, create the required security document, and adapt their computer systems will keep your business up to date with regard to personal data.
How to comply with legal obligations imposed by the LOPD is to follow a series of steps, detailed below
1.- Notification inscription on the Spanish Agency of Data Protection container files of personal data. Pursuant to section 19.2 of the LSSI:
Article 19. Legal status.
In any case, apply the Law 15/1999 of 13 December on the Protection of Personal Data and its development regulations, especially in regard to obtain personal data, information creationandinnovation stakeholders and maintenance of personal data files.
2.- Insertion on your website, or amendment if it exists, a legal notice or terms of use following the guidelines set by arts.10, 11 and 17 of the LSSI and the art.5 of the LOPD:
Article 10. Overview.
1. Subject to the requirements on information laid down in the rules, the provider of the information society be required to have the means to both recipients service as the competent bodies, accessed by med ios electronic permanently, easy, direct and free to the following information:
a) Your name or corporate name, his residence or domicile or, failing that, the direction of one of its permanent establishments in Spain, his email address and any other information that can be established with him a direct and effective.
b) Writing under Law 56/2007 of 28 December on Measures to Promote the Information Society.
Data entry in the commercial register in which, if any, are registered or that other public register in which it were to acquire legal personality or the sole purpose of advertising.
c)In the event that its business was subject to prior administrative authorization system, data relating to the identification of such autorizacióny competent body responsible for supervision.
d) If you practice a regulated profession must indicate:
1 Data from the professional body which, if any, falls and number of collegiate.
3 The State of the European Union or European Economic Area in which the diploma was issued and, where appropriate, the approval for recognition.
4 Professional standards for the exercise of their profession and the means through which to learn, including electronic.
e) The tax identification number that corresponds.
f) Writing under Law 56/2007 of 28 December on Measures to Promote the Information Society.
When servicing the information society refers to prices, will provide clear and accurate information on the price of the product or service, indicating whether or not to include applicable taxes and, where appropriate, on expenditures of envíoo what if the rules have the autonomous communities with competence in this area.
g) Codes of conduct to which, if any, is attached and how to search electronically.
2.- The obligation to provide this information is met if the provider includes it in your page or website on the terms indicated in paragraph 1.
3.-Added by Law 59/2003 of 19 December, an electronic signature. When it has been assigned a telephone numbering range of premium rate services which allow the computer to perform functions of bearing, to be performed with the prior, informed and express the user. To this end, the service provider must provide at least the following information:
a) The characteristics of service that will provide.
b)The functions that made the software to be downloaded, including the phone number is dialed.
c) The procedure to end the connection of additional charges, including an explanation of the exact time at which such a purpose, y...
d) The procedure for restoring the connection number prior to attachment of additional charges.
The above information should be available in a clearly visible and identifiable. The provisions of this paragraph is without prejudice to the provisions of telecommunications regulations, particularly in relation to the applicable requirements for access by users to the telephone numbering ranges in its case, attributed to the premium rate services. access to Information and society that require their use by the service provider, this utilizacióny downloading programs.
Article 11. Duty of cooperation of intermediary service providers. Writing under Law 56/2007 of 28 December on Measures to Promote the Information Society.
1.- When a competent body had ordered, in exercise of the powers legally entrusted to him, interrupting the service provision of the information society withdrawing from certain content providers established in Spain , and this would require collaboration of providers of intermediation services, the court may direct those providers to suspend the relevant intermediary service used for the provision of service information society of the contents of which have been ordered removed interruption respectively.
2.- If ensuring the effectiveness of the resolution to agree to the interruption of service provision or removal of content from a provider established in a state outside the European Union or European Economic Area European monkey, the competent body deems it necessary to prevent access from ESPAÑAA them, and this would need the cooperation of intermediary service providers established in Spain, the court may sort to those service providers to suspend the relevant intermediary brokerage service used for providing the service of the Information Society of the contents of which have been ordered removed interruption respectively.
3.- Adoptionandentry In compliance with the measures referred to in the preceding paragraphs, will be respected in any event, the safeguards, standards and procedures under the law to protect the rights to personal privacy and family, the protection of personal data, freedom of information freedom expresiónoa when these might be affected. In all cases where the Constitution, the rules governing the respective rights and freedoms or those which are applicable to the various substances confer jurisdiction on the courts of exclusive way to intervene in the course of an activity or duties, only the judicial authority may adopt the measures envisaged in this article. In particular, the authorization of the kidnapping of web pages or its restriction where it affects the rights and freedoms of expression protected by the Information and other terms of the Article 20 of the Constitution can only be decided by the competent courts.
4.-The measures referred to in this Article shall be objective, proportionate and non discriminatory, and adopted in a precautionary manner or execution of orders to be issued in accordance with administrative procedures established by law or under in the corresponding procedural law.
Article 17. Liability of service providers who provide content or links to search tools.
1.- Service providers of the information society to provide links to other content or include in their own directories or search tools are not responsible for content information that direct the recipients of their services, where:
a) Do not have actual knowledge that the activity or information which refer or recommend that is unlawful or harms property or rights of a third party liable for compensation, or ...
b) If they do, their best efforts to remove or disable the corresponding link.
It is understood that the service provider has actual knowledge referred to in paragraph a) when a competent court has declared the illegality of the data, requested their withdrawal, refused access to them, or else declared the existence of the injury, and the provider knew the relevant decision, without prejudice to the procedures of withdrawal deteccióny content providers who applied under voluntary agreements and other means of effective knowledge that may be established.
2.- Writing under Law 56/2007 of 28 December on Measures to Promote the Information Society.
The exemption from liability provided for in paragraph 1 will not operate on the assumption that the content provider to which link or whose location is provided acting under the direction, authority or supervision of the provider to provide the location of these files.
Article 5 .- Right to information in the data collection
1.- Applicants who are requesting personal information should be previously informed explicitly, precisely and unambiguously:
a) The existence of a file or processing of personal data, the purpose of their collection and the recipients of the information.
b) Mandatory or voluntary nature of his response to questions posed to them.
c) The consequences of obtaining data or the refusal to supply.
d)The possibility of exercising the rights of access, rectification, opposition cancelacióny.
e)The identity and address of the controller or, where appropriate, his representative. When the controller is not established in the territory of the European Union and used in data processing equipment situated in Spanish territory, he shall designate, unless such equipment is used for purposes of processing, a representative in Spain, without prejudice to any action that could be initiated against the controller itself.
2.- When using questionnaires or other forms for the collection, will be contained therein, in a clearly legible, the warnings referred to in the preceding paragraph.
3.- It will require the information referred to in points b), c) and d) of paragraph 1 if the content it is clear from the nature of personal data being requested or the circumstances in which they are sought.
4.-Where personal data have not been obtained from him, he shall be informed explicitly, precisely and unambiguously, by the owner of the file or his representative, within three months from the time of recording of data, unless she already has before, the content of the treatment, the source of the data, and as provided in subparagraphs a), d) e) of paragraph 1 of this article.
5.- Where personal data have not been obtained from him, he shall be informed explicitly, precisely and unambiguously, by the owner of the file or his representative, within three months from the time of recording of data, unless she already has before, the content of the treatment, the source of the data, and as provided in subparagraphs a), d) e) of paragraph 1 of this article.
3.- Inclusion of due legal statements in electronic communications with your customers, under the arts.19 and 20 of the LSSI
Article 19. Legal status.
1.- Business communications and promotional offers are governed, in addition to this Act, by its own rules and force in the commercial and advertising.
2.- In any case, apply the Law 15/1999 of 13 December on the Protection of Personal Data and its development regulations, especially in regard to obtain personal data, information creationandinnovation stakeholders and maintenance of personal data files.
Article 20. Information on Commercial Communications required, promotional offers and competitions.
Writing under Law 56/2007 of 28 December on Measures to Promote the Information Society.
1.- Commercial communications by electronic means must be clearly identifiable as such and the person or entity in whose name it is made must also be clearly identifiable.
In the event that takes place through electronic mail or other electronic media equivalent at the beginning of the message include the word''advertising''or the abbreviation''publi''.
2.- In the case of promotional offers, such as those that include discounts, prizes and gifts, and promotional competitions or games, after proper authorization, you must ensure, in addition to meeting the requirements of the preceding paragraph and management standards in trade, which are clearly identified as such and that the conditions of access and, where appropriate, participation are easily accessible and are expressed clearly and unequivocally.
3.- Nothing in the preceding paragraphs shall be without prejudice to arrangements regulations issued by the Autonomous Communities with exclusive jurisdiction over consumer e-commerce or advertising.
4.-Development of a security paper, binding, in documenting all the security measures his company applied for the correct processing of personal data.
