With the coming into effect of Law 34/2002 on 11th July, regarding Information Society and Electronic Commerce Services, Published in the Official State Bulletin dated 12th July 2002, we hereby state that SOLUCIONES CORPORATIVAS IP, S.L. complies with the legislation in force relating to its role as service provider. The afore-mentioned does not imply the direct compliance of said laws on the part of all its clients.
If the client enters into the category of service provider as established in articles 2 to 5 of the law, he or she must as such attend to the corresponding obligations and responsibilities independently of whether at the same time they are hosted by another service provider (in this case SOLUCIONES CORPORATIVAS IP, S.L.).
The situation in this case is similar to that in force with regard to the protection of personal data according to the LOPD and Security Measures Regulations (Organic Law 15/1999, of 13th December, regarding protection of data of a personal nature, and Royal Decree 994/1999, of 11th June, regarding regulations for the security measures for automated files containing personal data). SOLUCIONES CORPORATIVAS IP, S.L. have declared their personal data files and guarantee the compliance of the Regulations regarding security measures in relation to them (e.g. client databases, invoicing, etc), but if a client hosted by SOLUCIONES CORPORATIVAS IP, S.L. has its own personal data files it is the responsibility of the client to comply with legislation in this respect, independently of the fact that SOLUCIONES CORPORATIVAS IP, S.L. provides the infrastructure or additional services to facilitate said compliance.
Focussing on the part relating to the obligations of service providers (articles 9 to 12 of the cited law), we guarantee that SOLUCIONES CORPORATIVAS IP, S.L. will comply within the specified timeframe with its obligations as a supplier, but if the client is in turn considered to be a service provider the following must be borne in mind:
Article 9) Registry notification of the domain name: at the very least, a domain name or Internet address must be communicated to the Mercantile Registry in which it is inscribed, or another public registry in which it may be inscribed for the acquisition of legal status or for the purposes of publicity and said domain name or Internet address must be kept current. Notification, modification or cancellation will be carried out following the rules and procedures of each Registry.
The deadline for effecting said communication is the following: for domains in existence prior to the law coming into force, 1 year and for new domains subsequent to the law coming into force, 1 month.
Article 10) General information: the information must be kept correct and accessible, in the terms specified within this article (social denomination, address, CIF, etc).
Article 11) Duty of collaboration: the client must collaborate with the competent organs in accordance with what is established in this article.
Article 12) Duty to retain traffic data: traffic data must be retained (access log files to different applications installed on your server) for a maximum term of 12 months. The details of the type of logs to be preserved and the specific term for each case will be specified within Regulations that are still in development, as indicated by point 4 of this article. SOLUCIONS CORPORATIVAS IP, S.L. will put in place the means necessary to guarantee the compliance of the regulations when fully developed, regarding which we will keep the client informed.
Likewise, the following must also be borne in mind:
- The responsibility regime specified in articles 13 to 17.
- The aspects relating to commercial communications if made via electronic means (articles 19 to 22). Basically, consisting of: clearly identifying the origin of the communication and complying with the existing judicial regime with regard to commercial communications, advertising, promotions, etc; specifying the word “advertising” at the beginning of the message; refraining from sending unsolicited commercial information, with the EXPRESS consent of the recipients of same being required; establishing the measures necessary to ensure that user can remove him or herself from the mailing list whenever desired.
- The aspects relating to electronic Contracts if this option is offered to the users (articles 23 to 29).