SpainLey 34/2002 de servicios de la sociedad de la información y de comercio electrónico, Articles 23 and 27.4 (Electronic Contracts)
In force since .
A contract terms of service (ToS) rule binding public and private bodies.
- Obligation class
- Contract terms
- Audit expectation
- none
What it requires
- Treat a contract concluded by electronic means as producing all the effects the legal order provides for when consent and the other requirements for validity are present, with no need for a prior agreement on using electronic means (art. 23.1 and 23.2).
- Before the contracting procedure begins, make the general conditions of the contract available to the recipient so that the recipient can store and reproduce them (art. 27.4).
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 23 and 27.4 set the validity of contracts concluded by electronic means and require the general conditions to be made available to the recipient before contracting, in a form the recipient can store and reproduce. They require no log or record to be kept.
- Kind
- None
- As of
What this law does
Contracts concluded by electronic means produce all the effects the legal order provides for, where consent and the other requirements for validity are present. Electronic contracts are governed by Title IV of the Act, the Civil and Commercial Codes and the other civil or commercial rules on contracts. No prior agreement of the parties on the use of electronic means is needed for a contract to be validly concluded by electronic means.
Before the contracting procedure begins, a service provider must make the general conditions of the contract available to the recipient in a way that lets the recipient store and reproduce them.
When LexLint raises it
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