SpainLey 34/2002 de servicios de la sociedad de la información y de comercio electrónico (LSSI), Identification of Commercial Communications, Promotional Offers and Senders (Article 20)
Ley 34/2002, de 11 de julio, art. 20
In force since .
A commercial messages rule binding private bodies.
- Obligation class
- Disclosure, Prohibition
As of .
What it requires
- Make every commercial communication you send by electronic means clearly identifiable as a commercial communication, and clearly identify the natural or legal person on whose behalf you send it (Article 20(1)).
- For promotional offers such as discounts, prizes and gifts, and for promotional contests or games, make clear that they are promotional and make the conditions for access and, where relevant, participation easily accessible and clear and unequivocal; the rule applies subject to the corresponding prior authorization (Article 20(2)).
- Do not send commercial communications that disguise or conceal the identity of the sender on whose behalf they are sent, that contravene Article 20, or that invite recipients to visit Internet pages that contravene it (Article 20(4)).
If you get it wrong
Penalty structure
Article 38(4)(c) makes a failure to comply with article 20 a minor infraction, and article 39(1)(c) fines a minor infraction up to 30,000 euros.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 30,000
Who enforces it
Enforcement body
The Secretaría de Estado de Digitalización e Inteligencia Artificial imposes sanctions for serious and minor infractions, except those that article 43(1) assigns to the Agencia Española de Protección de Datos, a list that does not include article 38(4)(c).
What this law does
Article 20(1) requires commercial communications made by electronic means to be clearly identifiable as such, and the person on whose behalf they are made to be clearly identifiable. Article 20(2) requires promotional offers, such as those that include discounts, prizes and gifts, and promotional contests or games, to be clearly identified as such, with their conditions of access and participation easily accessible and expressed clearly and unequivocally.
Article 20(3) leaves untouched the rules issued by autonomous communities with exclusive consumer-protection powers. Article 20(4) prohibits sending commercial communications that disguise or conceal the identity of the sender on whose behalf the communication is made, that contravene article 20, or that induce recipients to visit Internet pages that contravene it.
A failure to comply with article 20 for commercial communications, promotional offers and contests is a minor infraction under article 38(4)(c). A minor infraction is fined up to 30,000 euros under article 39(1)(c).
When LexLint raises it
When your app profile says your app sends automated outreach.