Hi Nando, What a great help, both the post and the comments and your responses. Files, laws, cookies, privacy, legal notices.. puffff… Your enthusiasm for your project will be taken away from you, given the effort and time it takes for those who want to get it right but don`t know any legal aspects. Not only do I thank you for your dedication and knowledge, but I also ask for your permission to use your legal opinion as a template to customize mine. I also wanted to consult you.: On my website I want to publish photos of projects that I have made, but that contain photos of third parties (including children), I must have your permission, right? Could you tell me what to do and if there are standard forms? Thank you very much! As for the page itself, I do not collect any information from the user (by shortening the link of the site, it simply tells me where the visualizations come from), I did not even add the famous form or part where users could insert comments; It`s just an article where I explain what the e-book is all about, and then there`s the link to download said e-book. Hi Violeta: Basically, it is necessary to register as a freelancer if you generate advertising revenue through your blog, as it is a common activity, regardless of the money it generates. If you monetize the blog, it is an information society service provider, and therefore you must provide the information required by the LSSI-CE. If you also collect personal data, you must comply with data protection regulations. The best thing is that every website has its legal texts.
It is not advisable to copy and paste the website from another website, as their legal texts may not cover your needs and may also be subject to copyright. A square lifestyle greeting is an example of a personal blog that contains a simple legal notice as it collects personal information from readers. A personal blog should not forget this section; Since the blogger monetizes the site directly or indirectly (even with reduced revenue) or collects personal data from readers, it must contain legal advice. When should I have the terms and conditions in the imprint of my website? Well, simply when we offer products or services through our website, the conclusion of which is made via the Internet. Hello Alejandro: You need to pay attention to these types of clauses, which are very common on websites. It depends on the type of activity whether the reservation to change the properties of the Web is legal or not, because we can not reserve the right to modify the properties of the Web if it means modifying the obligations acquired with the user. On the other hand, terms of the type of publication of the price, with the exception of typographical errors, are generally considered unfair by consumer services. A greeting In conclusion, we could say that what we call legal notice is nothing more than the collection of texts that we must insert on our website to ensure that we meet the minimum requirements, in particular and schematically should be written: the GDPR / LOPD legal notice must be included in a section independent of the rest of the content of the web.
In addition, the link to the legal notice must always be visible and easily accessible to the user; Usually, this link is placed in the footer of the page (at the bottom). You can also include this legal notice in the email, although it is not mandatory. The contents, texts, photographs, drawings, logos, images, computer programs, source codes and, in general, any intellectual creation existing in this space, as well as the space itself as a whole, as a multimedia artistic work, are protected by copyright by intellectual property legislation. The Company is the owner of the elements that make up the graphic design of the web space, menus, navigation buttons, HTML code, texts, images, textures, graphics and other contents of the web space, or in any case has the appropriate authorization to use these elements. The content provided on the web space may not be reproduced, in whole or in part, or transmitted or recorded by any information retrieval system, in any form or on any medium whatsoever, unless you have the prior written consent of the aforementioned company. Dear Manuel: Since I understand that your website is aimed at a Colombian audience, you must take into account Colombian intellectual property legislation. In Spain, this issue is subject to the provisions of Article 32 of the Intellectual Property Code, paragraphs 1 and 2: 1. It is permissible to include in a work fragments of any other written, tonal or audiovisual nature, as well as isolated works of a plastic or pictorial photographic nature, provided that they are works already disclosed and that their inclusion is made by quotation or for the purposes of analysis, commentary or critical evaluation. Such use may only take place for teaching or research purposes, provided that this is justified by the purpose of the integration and that the source and name of the author of the work used must be indicated. Periodic compilations, which are created in the form of journals or press reviews, are considered quotations. However, if newspaper articles are collected which consist essentially of their mere reproduction and such an activity is carried out for commercial purposes, the author who has not expressly objected to it shall be entitled to appropriate remuneration.
In case of explicit opposition of the author, this activity will not be understood as covered by this limit. 2. Without prejudice to the rights of the publisher, the making available to the public by electronic service providers for the aggregation of content of insignificant fragments of content published in periodical publications or on regularly updated websites for information, public opinion-building or entertainment purposes does not require authorisation or, where appropriate, other rightholders to obtain appropriate compensation. This right is inalienable and becomes effective by the companies that manage intellectual property rights. In any event, the making available to the public of images, photographic works or simple photographs published in magazines or on regularly updated websites is subject to authorisation. This article introduced the so-called “Google tax”, so Google shut down the Google News service in Spain. In short, make sure that the media you will use do not claim compensation for the use of their content, because as in Spain, it may not be enough to cite the author and the source. Sites that carry out electronic commerce (the offer and acceptance are made electronically) must also comply with the following obligations in their legal notice: It will also be necessary to comply with the content of Law 3/2014 of 27. Mars, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. which specifically regulates e-commerce. In addition, we must also take into account the sanctions contained in the GDPR and the LOPDGDD if the legal notices on the web do not contain the relevant data protection information.
In this case, depending on the seriousness of the infringement, the amount of penalties can reach 20 million euros or 4% of the annual turnover for the most serious violations. On the other hand, if it is a website that collects personal data, but through which no income is generated and on which no cookies are installed, the legal notice consists only of a privacy policy. And now, I`d also like to talk to you about some legal obligations after hiring. In the event that the LOPD legal notice is not published on the Internet or is incomplete, we are threatened with various sanctions. Hello, joo! I stay a bit like that 🙁 after reading everything. I`m telling you, we`re creating a website where we`ll sell bags. We have no physical supply and are autonomous. Thus, the address of my house, with my personal data and my identity card, seems to me to read a lot of information for everyone. Can it be done in other ways? Hello Manuel: It is true that these texts should be made by a lawyer.
In terms of cost, it depends on the type of website we are talking about. A blog that has subscription forms is not the same as an e-commerce, a marketplace. As I said, it will depend on the complexity of the web.