Best E-commerce & Internet Law Lawyers in Bilbao

About E-commerce & Internet Law Law in Bilbao, Spain

E-commerce and internet law in Bilbao combines EU regulations, Spanish national statutes and regional consumer rules from the Basque Country. Businesses and individuals who sell goods or services online, operate platforms or process personal data must follow rules on information duties, electronic contracting, data protection, consumer rights, cookies, electronic payments and intellectual property. Bilbao-based operators also interact with local authorities and agencies for consumer protection, commerce promotion and compliance support. The legal framework aims to protect consumers and personal data while enabling digital trade, and it is enforced through administrative agencies, courts and industry regulators.

Why You May Need a Lawyer

Online business owners and platform operators often need specialized legal advice because e-commerce law covers many technical and cross-disciplinary issues. Examples where a lawyer helps include:

- Drafting and reviewing terms and conditions, privacy policies and cookie notices to meet LSSI and GDPR requirements.

- Conducting data protection impact assessments, advising on lawful processing bases, and responding to data-subject requests or breaches.

- Advising on consumer-rights issues such as returns, pre-contractual information and mandatory guarantees for B2C sales.

- Handling disputes with consumers, suppliers, marketplaces or payment providers, including litigation and alternative dispute resolution.

- Managing intellectual property enforcement, takedown notices and counter-notices on marketplaces and platforms.

- Ensuring compliance with electronic payment rules, PSD2 requirements and anti-fraud measures.

- Advising on cross-border sales, VAT rules and international regulatory obligations like the EU Digital Services Act or eIDAS for electronic signatures.

Local Laws Overview

Key legal layers that apply in Bilbao:

- EU regulations - The General Data Protection Regulation - GDPR - governs personal data processing across the EU and is directly applicable. Other EU rules relevant to e-commerce include the eIDAS rules for electronic identification and signatures and new frameworks such as the Digital Services Act.

- Spanish national law - The main national laws include the law on information society services and electronic commerce - LSSI - which requires business identification, commercial communication rules and liability regimes for hosting and intermediary services; the national implementing law for data protection - the Organic Law on Data Protection and Guarantee of Digital Rights - which complements the GDPR; and consumer protection laws covering distance selling, withdrawal rights and mandatory product information.

- Regional and local rules - The Basque Government and agencies in the Basque Country have competence in consumer protection and local trading rules. Kontsumobide is the Basque consumer protection institute that can handle complaints and provide guidance. The Bilbao City Council and provincial bodies offer business support and local licensing requirements that can affect physical premises, local promotion and certain commercial activities.

- Tax and registration - Businesses must register with the commercial registry, obtain tax identification and comply with Spanish VAT rules for digital services, goods and cross-border supplies. Tax filings and e-invoicing requirements follow national rules enforced by the Spanish tax administration.

Frequently Asked Questions

Do I have to display company information on my website?

Yes. Under the LSSI, professional websites and online stores must clearly display the identity of the service provider - name or company name, geographical address, contact details, tax or company registration number and, when applicable, regulatory authorizations. Missing information is a common source of administrative fines and consumer complaints.

What should my terms and conditions and privacy policy include?

Terms and conditions should set out the contract terms - price, product or service description, delivery, returns, guarantees and complaint procedures. Privacy policies must explain what personal data you collect, why you collect it, how you use and store it, legal bases for processing, retention periods and how users exercise their rights under the GDPR. Both documents should be clear, easily accessible and in the language(s) of your customers.

How do cookie rules work in Spain?

Cookie rules require informed consent for non-essential cookies - those not strictly necessary for the service. You must provide a prior consent mechanism, a clear cookie policy and an easy way for users to accept or reject cookies. Technical logs for strictly necessary cookies may be used without consent, but transparency is still required.

What are my data-protection obligations as an online seller?

You must process personal data lawfully, transparently and for specified purposes. Core obligations include maintaining records of processing activities, implementing appropriate security measures, responding to data subject access requests, notifying relevant authorities and affected persons about certain breaches, and appointing a data protection officer when required. GDPR compliance is essential to avoid significant fines.

Can I sell to customers in other EU countries without extra steps?

You can sell cross-border within the EU but must follow the consumer-protection rules that apply to consumers in their country of residence, inform customers of withdrawal rights - typically a 14-day right of withdrawal in B2C sales - and apply VAT rules correctly. For VAT, depending on sales volume and the type of services, you may need to use One-Stop-Shop - OSS - mechanisms or register for VAT in other states.

Who is liable for illegal or infringing content on my platform?

Liability depends on your role - publisher, intermediary or host - and on active involvement in content. Hosting providers often benefit from limited liability if they act only as passive intermediaries and comply with notice and takedown procedures. However, active moderation or knowledge of illegal content can increase liability. New EU rules under the Digital Services Act introduce additional transparency and risk-management obligations for larger platforms.

What should I do if a customer files a complaint or begins a legal claim?

Act promptly - acknowledge the complaint, document communications, offer a remedy when justified, and follow any internal dispute-resolution procedures. For statutory consumer claims, provide clear information and, if necessary, use alternative dispute resolution - ADR - or mediation before litigation. Keep records of orders, communications and policies to support your response.

How can I protect my brand and content online?

Register trademarks and domain names, use copyright notices, and monitor marketplaces and social platforms for infringements. Send formal takedown notices for infringements and be prepared to pursue platform-specific or legal routes for persistent or serious violations. A lawyer can prepare cease-and-desist letters and coordinate enforcement actions.

What must I do in the event of a data breach?

If a breach is likely to result in a risk to the rights and freedoms of individuals, you must notify the Spanish Data Protection Authority within 72 hours and, in high-risk cases, inform affected individuals. Document the breach, its impact, remedial actions and lessons learned. Quick containment and transparent communication reduce regulatory and reputational damage.

When is litigation necessary and when is alternative dispute resolution better?

ADR, mediation or negotiation often save time and cost in consumer disputes or commercial disagreements. Use ADR when the claim is smaller, the relationship matters or a quick fix is possible. Litigation is appropriate for complex disputes, significant financial stakes or when injunctions or clear legal precedents are needed. A lawyer can advise on the most cost-effective strategy based on the facts.

Additional Resources

Spanish Data Protection Authority - national regulator that supervises GDPR compliance and handles complaints and breach notifications.

Kontsumobide - the Basque consumer protection institute that provides dispute resolution, guidance and receives consumer complaints in the Basque Country.

Agencia Estatal de Administración Tributaria - the Spanish tax authority for VAT and tax compliance questions.

Registro Mercantil - the commercial registry where companies register and file corporate information.

Incibe - the National Cybersecurity Institute - for cybersecurity guidance, incident response and awareness materials relevant to online businesses.

Bilbao City Council - local economic promotion and commerce services that can help with local permits, business support and networking.

Chamber of Commerce of Bilbao - business support, training and resources for exporters and e-commerce operators.

Ministry for Digital Transformation - central government resources on digital regulation and initiatives affecting online services.

Next Steps

- Carry out a compliance checklist - review your website for mandatory identity information, terms and conditions, privacy policy and cookie consent.

- Conduct a data protection assessment - map personal data flows, identify processing purposes and apply safeguards such as encryption and access controls.

- Ask a lawyer for a targeted review - request a fixed-fee compliance audit or document package that includes privacy policy, terms of sale and cookie policy adapted to Spanish and EU law.

- Prepare for cross-border sales - check VAT treatment, returns policy and consumer-information obligations in key markets.

- Set up operational procedures - implement incident response for data breaches, complaint handling routines and recordkeeping practices.

- Consider insurance and risk management - evaluate professional liability or cyber insurance for data breaches and online disputes.

- Keep evidence and stay informed - retain records of consents, contractual terms and updates; monitor changes in EU and Spanish digital regulation and seek periodic legal reviews.

If you need specific legal help, look for a lawyer or firm in Bilbao that specializes in e-commerce, data protection and internet law, and ask for references, a clear scope of work and a written fee estimate before engaging.