The LSSI establishes in its title VII (arts. 37 to 45) a
sanctioning regime in case of breach of its precepts to which information
society service providers are subject.
"Failure to comply with the obligation to suspend
transmission, data hosting, access to the network or the provision of any other
equivalent intermediation service, when ordered by a competent administrative
body, by virtue of the provisions of art. 11 ".
As serious offenses, the LSSI in its art. 38.3 establishes
the following:
1. The significant
breach of the provisions of paragraphs a) and f) of art. 10.1of the LSSI. That
is, the breach of the general information duties of the information society
service provider to allow access to the name or company name; your residence or
domicile or, failing that, the address of one of your permanent establishments
in Spain; your email address and any other data that allows you to establish
direct and effective communication with him. As well as the breach, when
applicable, of the duty to provide clear and exact information on the price of
the product or service, the applicable taxes and, on the shipping costs or,
where appropriate, what the regulations of the Communities provide. Autonomous
with competences in the matter.
2. The
massive sending of commercial communications by email or other equivalent
electronic means of communication, or their insistent or systematic sending to
the same recipient of the service when the requirements established in 21 are
not met in said shipments . The significant breach of the obligation of the
service provider established in art. 22.1 of the LSSI, in relation to the
procedures to revoke the consent given by the recipients.
3. Not
making available to the recipient of the service the general conditions to
which, where appropriate, the contract is subject, in the manner provided in 27
of the LSSI.
4. The
habitual breach of the obligation to confirm the receipt of an acceptance, when
its exclusion has not been agreed or the contract has been concluded with a
consumer.
5. The
resistance, excuse or refusal to the inspection action of the bodies empowered
to carry it out in accordance with this law.
6. The
significant breach of what is established in 10.3 of the LSSI, on the
information obligations related to additional rate services in which access to
information society services is allowed.
7. Recurrence
within three years of the commission of the minor infringement related to data
storage and recovery devices in terminal equipment. According to the 37 of the
LSSI, the publisher of the website and the advertising network or agent that
directly manages the placement of advertisements on the website will be
responsible for this infringement, provided that the latter has not taken
measures to demand compliance with the normative.
They are considered minor offenses in accordance with art.
38.4 of the LSSI:
1. Failure
to comply with the provisions of 12 bis of the LSSI for service providers that
carry out activities consisting of the provision of internet access services.
2. Failure
to report in the manner prescribed by 10.1 of the LSSI on the aspects indicated
therein, in the case of paragraphs a) and f) , will be a minor offense when it
does not constitute a serious offense.
3. Failure
to comply with the provisions of 20 of the LSSI for commercial communications,
promotional offers and contests.
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