The Spanish aviso legal under LSSI article 10
Spain asks for one thing Germany does not. Article 10 of Ley 34/2002 requires seven categories of information to be available permanently, easily, directly and free of charge, and one of the seven is clear and exact price information. A German imprint copied across the border is missing an item.
What Article 10 asks for
The obligation is that recipients and the competent bodies can access the information by electronic means permanently, easily, directly and free of charge. The last word is the one that rules out gating any of it behind a form or a login.
The list itself runs from a to g: name or company name and residence, or failing that the address of an establishment in Spain; registry data where the provider is registered; details of any administrative authorisation the activity requires; for regulated professions the association, the qualification, the state that issued it and the applicable professional rules; the tax identification number; clear and exact price information; and any voluntary codes of conduct the provider adheres to.
Where a copied German imprint goes wrong
Set the two side by side. Germany's section 5 DDG lists 8 categories and says nothing about prices. Spain's Article 10 lists 7 and includes price as item f. A business operating in both countries that maintains 1 shared text will therefore satisfy neither completely.
The second difference is the address. Spain asks for residence or domicile, or failing that the address of one of the provider's permanent establishments in Spain. For an operator based elsewhere but selling on the island, that is the line that usually needs work.
The third is the tax number. 1 NIF, written exactly as the authority issued it, is worth more than three paragraphs of description, because it is the identifier every other record can be matched against.
| Item | Spain, Article 10 LSSI | Germany, section 5 DDG |
|---|---|---|
| Name and address | Yes, or an establishment in Spain | Yes |
| Registry data | Yes | Yes |
| Tax number | NIF | VAT or business ID where held |
| Professional details | Yes, for regulated professions | Yes, for regulated professions |
| Price information | Yes, clear and exact | Not in this provision |
| Codes of conduct | Yes, where adhered to | Not required |
What to publish, in what order
Put the identity block first, the registry and tax data second, the professional details third where they apply, and the price information where the offer is, not buried in the legal page. Article 10 requires the information to be accessible, not gathered in one place.
Keep one text per country rather than one text for both. Two short correct pages cost less to maintain than one long page that is wrong on each side of the border.
Questions and answers
Can I use one imprint for both countries?
What if I have no establishment in Spain?
Does it have to be free to access?
Where should price information sit?
Sources
- Article 10, Ley 34/2002 de servicios de la sociedad de la información The seven items and the four part condition
- Section 5 Digitale-Dienste-Gesetz (DDG) The German list used for the comparison
