Information about LSSI
Rev: 1-20100310With the entry into force of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, published in the Official State Gazette on July 12, 2002, we inform you that SOLUCIONES CORPORATIVAS IP, S.L. complies with the current legislation regarding its role as a service provider. The above does not imply the direct compliance with these laws by all its clients.
If the client falls into the category of service providers as outlined in articles 2 to 5 of the law, they must fulfill their obligations and responsibilities as such, regardless of whether they are hosted by a service provider (SOLUCIONES CORPORATIVAS IP, S.L. in this case).
The situation in this case is similar to that in the area of personal data protection according to LOPD and Security Measures Regulation (Organic Law 15/1999, of December 13, on the protection of personal data, and Royal Decree 994/1999, of June 11, which approves the security measures regulation for automated files containing personal data). SOLUCIONES CORPORATIVAS IP, S.L. has registered its files with personal data and guarantees compliance with the security measures regulation on them (e.g., customer databases, billing, etc.), but if a client hosted at SOLUCIONES CORPORATIVAS IP, S.L. has their own files with personal data, it is the client's responsibility to comply with legislation in this area, regardless of whether SOLUCIONES CORPORATIVAS IP, S.L. provides the infrastructure or additional services to facilitate such compliance.
Focusing on the section related to the obligations of service providers (articles 9 to 12 of the mentioned law), we guarantee that SOLUCIONES CORPORATIVAS IP, S.L. will comply within the specified period with its obligations as a provider, but if the client is also considered a service provider, they should keep in mind:
Article 9) Domain name registration record: It must be communicated to the Mercantile Registry where they are registered or to another public registry where they were for the acquisition of legal personality or solely for advertising purposes, at least, a domain name or Internet address that they may use for identification online, keeping such data updated. Notification, modification, or cancellation will be carried out following the rules and procedures of each Registry.
The period to make this communication is as follows: for domains existing before the law's entry into force, 1 year, and for new domains after the law's entry into force, 1 month.
Article 10) General information: Correct and accessible information must be maintained under the terms specified in this article (Business name, Address, CIF, etc..).
Article 11) Duty of cooperation: The client must cooperate with the competent authorities as written in this article.
Article 12) Duty to retain traffic data: Traffic data (log files of access to different applications installed on their server) must be retained for a maximum period of 12 months. The details of the type of log to be kept and the specific period for each case will be specified in a Regulation that is still under development, as indicated in point 4 of this article. SOLUCIONES CORPORATIVAS IP, S.L. will provide the necessary means to ensure compliance with the regulation once it is developed, for which we will keep you informed.
Likewise, you should also consider:
- The Liability Regime specified in articles 13 to 17.
- Aspects related to commercial communications if carried out through electronic means (articles 19 to 22). Basically, it is about: clearly identifying the origin of the communication and complying with existing legal regime on commercial communications, advertising, promotions, etc.; specifying the word “Advertising” at the beginning of the message; not sending unsolicited commercial information, requiring the EXPRESS consent of the recipients; establishing the necessary measures for the user to unsubscribe whenever they wish.
- Aspects related to electronic contracting if this option is offered to your users (articles 23 to 29).