Please note the legal information in this article. If we think about it a little, we will come to the conclusion that such legal requirements are necessary, since their purpose is to provide the user with transparency about the activity or service we want to perform through our website, as well as about the authorities that ensure compliance with the rules. uenas afternoon Mr. Nando I make a website and I try to make the legal opinion (it is a reform site) and I read your interesting and complete post, also out of curiosity I read the legal opinion that you have on your site, the truth is very complete. But the doubt I have is that the review talks about a file where customer or user data is stored, how is this file? Is there a standardized template? Do I save it to my computer or do I have to save it somewhere else?¿When a customer fills out the form on my website and I use this information to contact them, to offer the service, and immediately to create a budget and invoice, do I also need to add this data to this file? Anything you can tell me about that would help me a lot because I`m pretty lost in these legal matters. Thank you Hello Josep: At the moment, this AEPD approval is unnecessary because there is a new framework called Privacy Shield that replaces the invalid Safe Harbor. Rocket Science Group, the company that owns Mailchimp, has joined this Privacy Shield, so the transfer of personal data to Mailchimp is currently and if there are no changes, completely legal. Theoretically, yes, you must fill in the data related to the international transfer of data. Greetings Hello Alejandro: you have to pay attention to this type of clauses that are very common on websites. It depends on the nature of the activity whether the reservation to change the characteristics of the website is legal or not, since we can not reserve the right to modify the characteristics of the website if it involves changing the commitments made with the user. On the other hand, terms such as price are those that are published, with the exception of typos, they are generally considered unfair by consumer services. The content of a website`s legal notice depends on the type of website to which we refer.
Hi Nando, excellent article, clear and complete. I have a question about the formula everyone uses: does the contract have legal validity if the terms (acceptance, lopd, etc.) are displayed in a pop-up window when you click next to a mandatory checkbox? Example: just before the “REGISTER” button, a box with the text “I accept the terms and conditions” (this is a link that shows the text of the law). I understand that displaying all the text in the form before the button implies that no one is submitting it, but it makes me doubt that “hiding” it with the mandatory checkbox formula is valid. Hello Manuel: The fact is that these texts must be made by a lawyer. In terms of cost, it depends on the type of website we are talking about. A blog with subscription forms, an e-commerce, a marketplace is not the same. As I said, it depends on the complexity of the web. As an indication, I can tell you that the writing of the legal texts of a blog can cost about 200 € + VAT and an e-commerce about 600 € + VAT, but these amounts can of course vary. The legal texts on your website should accurately reflect your company`s information and your website`s behavior. Check the legal texts on your website before publishing them to make sure they reflect reality and modify these templates to do so. The User acknowledges and accepts that all content displayed in the web space, and in particular drawings, texts, images, logos, icons, buttons, software, trade names, trademarks or other signs suitable for industrial and/or commercial use, are subject to intellectual property rights and all trademarks, trade names or distinctive signs. All industrial and intellectual property rights over the contents and / or other elements inserted in the page, which are the exclusive property of the company and / or third parties who have the exclusive right to use them in commercial transactions.
Therefore, the User undertakes not to reproduce, copy, distribute, make available or otherwise publicly communicate, transform or modify this content and indemnifies the Company from any claim arising from the breach of these obligations. In no case does access to the web space imply any waiver, transfer, license or total or partial assignment of these rights, unless expressly stated otherwise. These General Terms and Conditions of Use of the Web Space do not confer on Users any other right of use, HR, modification, exploitation, reproduction, distribution or public communication of the Web Space and/or its content other than those expressly set forth herein. Any other use or exploitation of the rights requires the prior and express authorization expressly granted for this purpose by the company or the third party holder of the rights concerned. Hello car: Well, as soon as your photos link to a site for sale, I understand that your blog already has the status of an information society service, so the LSSI-CE applies, and you need the information of art. 10 and cookies installed by the site. It`s true that you don`t sell the photos directly, but I understand that you get a percentage of the sale that you charge the agencies. Maybe blogger is not the tool for these types of sites, because I don`t know to what extent it allows you to have the appropriate legal texts. In the end, it would be to clarify that your website is like a kind of “affiliate” of photo sales agencies. Greetings And now I`d also like to talk to you about some legal obligations after hiring.
I am trying to create a company website of a shoe company and that it is also an online store. If I`m not designing the site, but want to structure it in a way that serves global commerce, then I check the legal aspects to avoid violating e-commerce laws. Hello Montse: Take inspiration from my legal texts as much as you want, but as I usually say, don`t forget to adjust it if necessary. Of course, you need to get permission from the people who will appear in the photos you post on a website or other website. There is no standard form. In fact, it might even be enough if you send them an email asking for permission to use their image in your photos, to which they said yes. Remember that they can always ask you to delete these photos, unless you already want to conclude a contract in which they transfer their image rights to you for a certain period of time, for a specific purpose, etc. Cookies are pieces of information that we collect from the activity of our users while browsing the Internet.
