SpainLey de Competencia Desleal, Articles 4, 11, 14 and 32 (General Clause, Imitation, Inducing Breach and Remedies)
Ley 3/1991, de 10 de enero, de Competencia Desleal, arts. 4, 11, 14 and 32
In force since .
An unfair competition rule binding public and private bodies.
- Private right of action
- Yes
- Enforcement body
- The persons article 33 empowers, through the civil actions in article 32.
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- Do not engage in conduct that is objectively contrary to the requirements of good faith in the market (art. 4.1).
- Do not imitate the performance of a third party in a way suited to generate association among consumers with that performance or that involves undue exploitation of the reputation or effort of another (art. 11.2).
- Do not induce workers, suppliers, clients and other obliged persons to breach the basic contractual duties they have undertaken to competitors (art. 14.1).
- Do not take advantage, for your own benefit or a third party's, of the known contractual breach of another where the aim is the dissemination or exploitation of an industrial or business secret or the breach is accompanied by circumstances such as deception or the intention to eliminate a competitor from the market (art. 14.2).
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 4, 11, 14 and 32 define unfair conduct in the market and the civil actions against it. They impose no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
The Act applies to conduct carried out in the market with competitive purposes. The Act applies to businesses, professionals and any other natural or legal person who takes part in the market. The application of the Act cannot depend on a competitive relationship between the person who acts and the person affected. Any conduct that is objectively contrary to the requirements of good faith is deemed unfair.
Imitation of the business or professional performances and initiatives of others is free unless an exclusive right recognized by law protects them. Imitation of the performance of a third party is deemed unfair when it is suited to generate association among consumers with the performance or involves undue exploitation of the reputation or effort of another.
Inducing workers, suppliers, clients and other obliged persons to breach the basic contractual duties they have undertaken to competitors is deemed unfair. Taking advantage of the contractual breach of another is deemed unfair only when the breach is known and aims at the dissemination or exploitation of an industrial or business secret, or is accompanied by circumstances such as deception or the intention to eliminate a competitor from the market.
The actions available against unfair acts include a declaration of unfairness and cessation of the conduct or a prohibition of its repetition. Compensation for the damage caused by the unfair conduct is available where the agent acted with intent or fault. Any natural or legal person who takes part in the market and whose economic interests are directly harmed or threatened by the unfair conduct may bring those actions.
When LexLint raises it
When your app profile says your app crawls the web.
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