e-Commerce

eCOMMERCE AND PERSONAL DATA PROTECTION

Information Society has given rise to some legal challenges related to new technologies:

  • eCommerce and online contracting
  • Privacy and personal data protection
  • eSignature
  • General terms and conditions on websites
  • Web services and contents
  • Consumer protection in Internet
  • Right to honour and freedom of speech in Internet

At Domènech Corbella – Serveis Jurídics we advise providers and users on all e-Commerce-related matters, such as technology contracts, data privacy, outsourcing, information management, communications and mobility issues. We are familiar with all new business models of the digital age and have a wide experience helping our clients navigate the legal and commercial risks on the sourcing, use and provision of technology.

We offer our clients advice on e-commerce and information society services that takes into account the specific regulations applicable to their industries. We have expertise in commercial and corporate law, especially on the Internet, e-commerce, software, and technology sectors, as well as on privacy law issues. We regularly provide advisory services to the content (movie, radio, TV, theatre), fashion and design industries, tech companies, media outlets, advertising agencies, social networks, cultural and sporting event organizers, museums, and many other enterprises, associations or organizations.

As far as personal data protection is concerned, it is worth recalling that the new EU General Data Protection Regulation (“GDPR”) entered into force on 25 May 2018, replacing the laws currently in force in Spain (LOPD and RLOPD). The GDPR establishes a modern and harmonised data protection framework across the EU, and obliges all those companies and individuals processing personal data to adapt their activity and privacy policies to this new legal framework. By way of example, the GDPR highlights, among many other rules, that consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject’s agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. Hence, many companies will have to modify the way they used to seek the consent of their data subjects.

 

OUR LEGAL ADVICE

Domènech Corbella – Legal Services regularly advises in all kind of eCommerce matters. We will provide you fast, effective and professional legal advice, including:

  • Review, negotiation and drafting of contracts: We prepare, negotiate and review all kind of contracts related to eCommerce according to the needs of your enterprise and your business model: Content agreements, audiovisual rights and channel licensing, distribution of content via social media and other electronic channels and multiservice platforms, production, co-production and distribution of content, contracts deriving from media projects, outsourcing agreements, contracts for the supply of corporate services, solutions, platforms and equipment for IT systems and business processes, etc.
  • Compliance with data protection laws: We provide legal advice regarding the new obligations derived from the EU General Data Protection Regulation that applies since 25 May 2018, making sure your company complies with the legal framework governing the processing of personal data. We draft contracts governing the carrying out of a processing operation by way of an external processor, binding the processor to the controller. We draft general data protection clauses for all your contracts, as well as privacy policies for your websites. We advise on the security measures that data controllers and data processors are obliged to adopt pursuant to current laws.
  • Response to all legal consultations regarding eCommerce and personal data protection: Feel free to submit your queries regarding any eCommerce related matter. We advise you on key issues such as the design of e-contracting processes, electronic signatures, liability of intermediary service providers, Use of general conditions in e-contracts, spam, compliance with information society services legislation, dealings with regulatory authorities, etc. We will provide you with complete legal advice and solve all your concerns rapidly and effectively. Send us an email, call us or contact us through the contact form on this website, and we will deal with your inquiry immediately.