Best E-commerce & Internet Law Lawyers in Villares de la Reina

About E-commerce & Internet Law in Villares de la Reina, Spain

E-commerce and internet law in Villares de la Reina follows Spanish national law and European Union rules, with local administrative practice shaped by the province of Salamanca and the Autonomous Community of Castilla y León. Whether you sell through your own website, on marketplaces, on social media, or via mobile apps, you must comply with requirements on business identification, online contracting, consumer rights, data protection, cookies, advertising and pricing, intellectual property, and platform responsibilities. Spanish laws such as the LSSI-CE for information society services, the GDPR and the LOPDGDD for data protection, and the consolidated General Consumer and User Law apply across the country. EU rules like the Digital Services Act, the Platform-to-Business Regulation, PSD2 for online payments, and eIDAS for trust services also affect how you market, sell, and process data online. Local bodies in Salamanca and Castilla y León handle consumer complaints and arbitration, while national regulators supervise data protection, electronic communications, and advertising. In short, the legal framework is layered, and getting it right early helps prevent costly disputes later.

Why You May Need a Lawyer

Launching or scaling an online business raises practical legal questions. A lawyer can help you choose a business structure, register and license your activity, and set up tax and invoicing systems that fit cross-border online sales. They can draft or review your terms and conditions, privacy policy, cookies policy, shipping and returns policy, and platform seller profiles so they are compliant and enforceable. If you engage in email or SMS marketing, influencer collaborations, or targeted ads, a lawyer will align your consents, disclosures, and contracts with advertising and data protection rules. Many businesses need advice on marketplace suspensions or account delistings, chargebacks and fraud, supplier and logistics agreements, software and SaaS licensing, intellectual property protection, and domain name issues. If you suffer a data breach or receive a complaint from the data protection authority or a consumer, legal help is crucial to manage deadlines, notifications, remedies, and evidence. For businesses selling nationally, including to the Canary Islands, Ceuta, or Melilla, or within the EU, a lawyer can clarify VAT rules and customs steps. When disputes arise, a lawyer can represent you before the AEPD, consumer arbitration boards, or the courts in Salamanca.

Local Laws Overview

Business setup and licensing in Villares de la Reina typically involves tax registration with the national tax agency, social security registration if you are an autónomo or hire employees, and local activity notices for any physical premises. Many purely online shops can operate with a responsible declaration rather than a traditional license, but local urban and activity rules still apply if you run a warehouse, showroom, or office. Companies should register with the Registro Mercantil de Salamanca where required and display corporate data on their websites and invoices.

Online service duties under the LSSI-CE include placing clear legal notices on your site, identifying the service provider, providing pre-contractual information on prices and taxes, shipping costs and delivery times, technical steps to contract, and the languages available. You must confirm contracts electronically, provide a copy of terms, store acceptance records, and offer secure payment. Unsolicited commercial email requires prior opt-in consent except for existing customers buying similar products, and every message must include sender identity and an easy unsubscribe.

Data protection under the GDPR and the LOPDGDD requires a lawful basis for processing, transparency by way of a clear privacy policy, data minimization, security by design, and records of processing. If you use cookies or similar technologies, you need an informative banner and a cookies policy, and you must obtain valid consent before setting non-essential cookies. Current Spanish guidance requires a reject option as accessible as accept, no pre-checked boxes, and only strictly necessary cookies before consent. You must have a process to handle data subject rights, assess international data transfers, and notify the AEPD and affected users of certain data breaches within strict timelines. A Data Protection Officer is mandatory only in specific cases, such as large scale monitoring or certain sensitive processing.

Consumer protection rules are strict for distance sales. You must provide clear and truthful information, total prices including taxes and fees, main characteristics of the goods or services, the identity and contact details of the seller, the applicable delivery times, and the complaint channels. Consumers usually have a 14 day right of withdrawal for distance purchases, with exceptions such as fully performed digital content once the consumer gives express consent to immediate supply and acknowledges losing the right of withdrawal. Physical goods carry a legal conformity warranty that in Spain is generally three years. For digital content and services, you must provide updates for the period required to keep them in conformity. Clauses deemed unfair against consumers can be void.

Advertising and pricing must follow the General Advertising Law and the Unfair Competition Law. Claims must be truthful and substantiated, price reductions must be transparent about reference prices, and comparative advertising must be fair. Influencer marketing requires clear identification of paid content. Spain has specific obligations for certain influencers under the audiovisual communications framework, including transparency about ads and protections for minors. Businesses can also adhere to self-regulatory codes promoted by industry bodies.

Platform and marketplace rules come from EU and national law. The Platform-to-Business Regulation requires transparent terms for business users and fair processes for suspensions, rankings, and changes. The Digital Services Act adds obligations for online platforms on trader traceability, illegal content notices, transparency reporting, and user complaint handling. If you run your own platform, you must implement processes and publish clear terms. Marketplace sellers must provide accurate trader identity data and comply with product safety rules.

Payments and security are covered by PSD2, which requires strong customer authentication for most online payments and mandates secure processing by payment providers. You should adopt robust cybersecurity practices, maintain an incident response plan, and keep evidence of user consents and transactions. Notify the payment provider and bank promptly about suspected fraud or chargebacks and document your fulfillment.

Intellectual property protection affects branding, images, product descriptions, and software. You should register trademarks with the Spanish Patent and Trademark Office, respect copyright in media and code, and have a takedown response process if you host user content. The Spanish Intellectual Property Law includes notice and takedown mechanisms. For domain names, .es names are administered nationally, and disputes can be resolved under specific procedures.

Taxation for online sales includes Spanish VAT, with a standard rate applied to most goods and services, and special considerations for reduced rates or exemptions. For cross border sales within the EU, the One Stop Shop can simplify VAT compliance. Sales to the Canary Islands, Ceuta, and Melilla involve different tax regimes and customs declarations. Keep compliant invoices, consider upcoming e invoicing obligations under the Crea y Crece framework, and align your accounting with e commerce logistics and returns.

Local consumer support and redress exist in Castilla y León. Businesses must provide complaint forms and cooperate with consumer authorities. The regional Consumer Arbitration Board can offer an out of court route to resolve disputes. Courts in Salamanca, including the Commercial Court, handle matters such as unfair competition, IP, and certain contract disputes, while data protection enforcement runs through the AEPD or the courts depending on the case.

Frequently Asked Questions

What legal notices must my online store display

Your site should show the business name, address, contact details, tax identification number, commercial registry data if applicable, prices including taxes and fees before checkout, delivery costs and times, terms and conditions, privacy policy, cookies policy, and clear information about the 14 day withdrawal right and how to exercise it. If you are a marketplace seller, also make sure your seller profile includes accurate identification and contact details.

Do I need consent for marketing emails and cookies

In Spain you generally need prior opt in consent for marketing emails. There is an exception for messages about your own products or services to existing customers if they are similar to what the customer already bought and every email includes an easy opt out. For cookies, non essential cookies such as analytics or advertising require informed, prior consent through a compliant banner and settings, with a reject option as accessible as accept.

How do returns and the right of withdrawal work for online sales

Consumers typically have 14 days from delivery to withdraw without giving a reason. You must refund the price and the standard delivery cost using the original means of payment, and you can require the consumer to pay return shipping if you clearly stated this before the sale. Certain products and services are exempt, for example custom goods and digital content supplied on a non tangible medium once the consumer consents to immediate supply and acknowledges losing the right.

What warranty do I have to offer for products sold online

Spain provides a three year legal conformity warranty for consumer goods. During that time the seller is responsible for non conformity that existed at delivery or appears later as a lack of conformity. Remedies include repair, replacement, price reduction, or termination depending on the circumstances. For digital goods and services, you must ensure updates that keep the product in conformity for the relevant period.

What are my obligations if I sell on a marketplace like a large platform

You must provide accurate trader identity data, comply with product safety and labeling requirements, follow the marketplace terms, and respect consumer law. The Platform to Business Regulation requires marketplaces to disclose ranking criteria, reasons for suspensions, and complaint handling. Under the Digital Services Act you will see additional trader traceability checks and obligations for platform transparency that you must cooperate with.

How should I handle a data breach involving customer information

Act quickly. Contain the incident, assess the scope and risks, and document your findings. If there is a risk to individuals, you must notify the AEPD within the deadline and inform affected users when the risk is high, explaining what happened, what data is involved, and what they can do. Review contracts with processors, rotate credentials, and improve security controls. A lawyer can help with notifications, evidence preservation, and communications.

Do I need a Data Protection Officer for my online shop

Most small and medium online shops do not need a DPO, but you must appoint one if you engage in certain high risk activities, such as large scale monitoring, processing special categories of data at scale, or acting as a public authority. Even if not required, assigning privacy responsibilities and training staff is recommended. Conduct a data protection impact assessment when your processing is likely to result in high risk to individuals.

Are there special rules for influencers and sponsored content

Yes. Advertising must be clearly identified as such, including on social networks. Influencers of special relevance face additional obligations under the audiovisual communications framework, such as transparency about ads and protections for minors. Use written agreements with influencers that require ad disclosures, compliance with product sector rules, and proper use of your brand assets. You are responsible for claims made on your behalf.

How do VAT and cross border sales work for a Spanish online shop

For domestic sales charge Spanish VAT according to the applicable rate. For EU cross border sales to consumers, you can use the One Stop Shop to declare VAT in one return for all EU destination countries, applying the VAT rate of the customer location once you pass the EU threshold. Sales to the Canary Islands, Ceuta, and Melilla follow different tax regimes and may require customs declarations. Keep compliant invoices and clear records.

Where do I resolve disputes in Villares de la Reina and Salamanca

Try to resolve with the customer first through your support channels. Offer consumer arbitration where appropriate through the regional board. For formal disputes, the courts in Salamanca have jurisdiction based on the rules of civil procedure and consumer law, with the Commercial Court handling matters like unfair competition and IP. Data protection issues can be taken to the AEPD or to the courts depending on the claim. A lawyer can advise on the most efficient path.

Additional Resources

Agencia Española de Protección de Datos AEPD, national data protection authority that supervises GDPR and cookies compliance and publishes practical guidance.

Ministerio competente en transformación digital y servicios digitales, oversees the LSSI-CE framework and unsolicited communications enforcement.

Junta de Castilla y León, Instituto de Consumo de Castilla y León, provides guidance for consumers and businesses and coordinates the regional Consumer Arbitration Board.

Junta Arbitral de Consumo de Castilla y León, offers voluntary consumer arbitration for many e commerce disputes.

Oficina Municipal de Información al Consumidor OMIC de Salamanca, assists consumers locally and can mediate complaints affecting businesses in the area.

Registro Mercantil de Salamanca, for company registry matters and corporate filings relevant to business identification duties on websites and invoices.

Agencia Estatal de Administración Tributaria AEAT, for tax registrations, VAT OSS, and invoicing rules applicable to e commerce.

Red.es y ESNIC, for .es domain name administration, registration, and dispute procedures.

Oficina Española de Patentes y Marcas OEPM, for trademark applications and brand protection.

Autocontrol, Spanish advertising self regulatory body that issues codes and opinions on advertising compliance, including digital and influencer marketing.

Next Steps

Map your online journey and data flows. List every channel where you sell or market, the personal data you collect, the cookies you use, and the providers that process data on your behalf. This helps identify the laws that apply and the documents you need.

Prepare compliant documentation. Draft or review your terms and conditions, privacy policy, cookies policy, returns and warranty policy, and legal notice. Make sure your checkout information and emails cover prices, taxes, delivery, and withdrawal rights. Configure a cookie banner that collects valid consent.

Align contracts and platforms. Update supplier, logistics, and payment processor agreements to include data protection and service level terms. If you sell on marketplaces, review their terms, your seller profile disclosures, and your appeal routes in case of suspension.

Set up taxation and invoicing. Register for VAT, assess whether you need the One Stop Shop for EU sales, prepare invoice templates that meet Spanish rules, and monitor upcoming e invoicing obligations under the Crea y Crece framework.

Build governance and security. Assign compliance responsibilities, train staff, document consents, and create an incident response plan for data breaches and fraud. Schedule periodic audits of cookies, marketing permissions, and website disclosures.

Engage a local lawyer. Choose counsel with experience in e commerce, consumer law, data protection, and platform issues in Spain. Bring your site URLs, policies, supplier contracts, marketplace correspondence, and a summary of your sales and data flows to the first meeting for an efficient review.

Plan for growth. If you expand to new markets, add marketplaces, launch an app, or start influencer campaigns, ask for a quick legal check. Small adjustments early prevent enforcement actions, account suspensions, and reputational harm later.

This guide is informational only and does not constitute legal advice. For specific questions about your situation in Villares de la Reina or the province of Salamanca, consult a qualified lawyer.