2 Specific Problems Concerning Data Protection
in the Internet
2.1 Personal Data Processed by Electronic Means
2.1.1 Regulatory Framework
The current framework regarding personal data processed by electronic means in
Spain is laid out by Law 34/2002 of 11 July on Information Society Services and
Electronic Commerce. This regulation includes a broad concept of “services of
Information Society” which, apart from the procurement of goods and services
through electronic means, also applies to the supply of information through those
means, the mediation activities related to the provision of access to the network, data
transmission through telecommunication networks, the creation of temporary copies
of internet pages requested by users, hosting information services or applications
supplied by third parties on those servers, or the provision of tools to search or link
other internet sites, as well as any other service requested individually by the users,
providing that it represents an economic activity for those offering these services.
Regulations in this law regarding data protection do not rule out the application of
the OLPPD. Both laws can be applied to social networks.
Law 34/2002 does not exclude the implementation of regulations that protect the
interests of consumers. We have to remember, then, Art. 98 of Royal Legislative
Decree 1/2007 of 16 November that approves the recast text of the General Law on
the Defence of Consumers and Users and other complementary laws (hereafter,
RTGLDCU). As referring to distance contracts, the provider must give the consumer
and user the information required by Art. 97.1 in the language used in the contract
proposal or in the language chosen to sign the contract, as well as in Spanish.
Alternatively, the provider may make this information available with the distance
communication techniques used, in clear and understandable terms, and they must
follow, specifically, the principles of good faith in commercial transactions, as well
as the principles governing the protection of those who are unable to give their
consent. The regulation also states that whenever that information is transmitted in a
lasting medium, it must be legible. When a distance contract is signed, the employer
must give the consumer and user confirmation of the contract that has been signed in
a lasting medium and within a reasonable time (at the latest, before the goods are
delivered or before the service starts to be provided).
2.1.2 Requirement of Prior and Informed Consent
According to Art. 6 of the OLPPD, processing of personal data requires the unambiguous consent of the data subject, except when:
a) the law states otherwise;
b) personal data
Data Protection in the Internet: National Report Spain
375
in the Internet
2.1 Personal Data Processed by Electronic Means
2.1.1 Regulatory Framework
The current framework regarding personal data processed by electronic means in
Spain is laid out by Law 34/2002 of 11 July on Information Society Services and
Electronic Commerce. This regulation includes a broad concept of “services of
Information Society” which, apart from the procurement of goods and services
through electronic means, also applies to the supply of information through those
means, the mediation activities related to the provision of access to the network, data
transmission through telecommunication networks, the creation of temporary copies
of internet pages requested by users, hosting information services or applications
supplied by third parties on those servers, or the provision of tools to search or link
other internet sites, as well as any other service requested individually by the users,
providing that it represents an economic activity for those offering these services.
Regulations in this law regarding data protection do not rule out the application of
the OLPPD. Both laws can be applied to social networks.
Law 34/2002 does not exclude the implementation of regulations that protect the
interests of consumers. We have to remember, then, Art. 98 of Royal Legislative
Decree 1/2007 of 16 November that approves the recast text of the General Law on
the Defence of Consumers and Users and other complementary laws (hereafter,
RTGLDCU). As referring to distance contracts, the provider must give the consumer
and user the information required by Art. 97.1 in the language used in the contract
proposal or in the language chosen to sign the contract, as well as in Spanish.
Alternatively, the provider may make this information available with the distance
communication techniques used, in clear and understandable terms, and they must
follow, specifically, the principles of good faith in commercial transactions, as well
as the principles governing the protection of those who are unable to give their
consent. The regulation also states that whenever that information is transmitted in a
lasting medium, it must be legible. When a distance contract is signed, the employer
must give the consumer and user confirmation of the contract that has been signed in
a lasting medium and within a reasonable time (at the latest, before the goods are
delivered or before the service starts to be provided).
2.1.2 Requirement of Prior and Informed Consent
According to Art. 6 of the OLPPD, processing of personal data requires the unambiguous consent of the data subject, except when:
a) the law states otherwise;
b) personal data
Data Protection in the Internet: National Report Spain
375