E-commerce, do you know the legislation?

E-commerce nueva normativa

E-commerce. That word that until not long ago we hardly knew what it meant, has crept into our vocabulary and our shopping routine. Technology is advancing by leaps and bounds and its laws must be updated at the same pace to avoid legal loopholes that complicate our lives.

During 2018 several laws were passed in Spain for its implementation in 2019, a regulation that directly influences electronic commerce and that we will tell you so you are up to date, especially if you own a business.

Payment Service Directive PSD2

This directive will enter into force in our country on 14 September, with the aim of providing a more secure form of payment, together with easier management of transactions. It is directly related to the streamlining of providers’ payment services.

One of the outstanding aspects of the directive is open banking, that is to say, banks will be obliged to allow third parties access to their customers’ accounts if the user so orders. In this way, movements such as online payments can be carried out without relying on traditional intermediaries.

This favors a faster online purchase management thanks to the intervention of third parties, since the user can provide direct access to an online business so that it enters their account and the purchase is charged immediately.

On the other hand, user security has been greatly enhanced, as the directive entails a security system through enhanced customer authentication.

New Organic Law on Personal Data Protection and guarantee of digital rights

This new law accentuates the protection of personal data of individuals and it is vitally important that e-commerce is updated with respect to its implementation.

Since the entry into force of this law, online platforms must obtain the user’s consent to the processing of their personal data and for each of the purposes for which such information is required.

In addition, a new, more specific classification has been created on the sanctioning regime in the event of non-compliance with this law. The classification of infringements is divided into minor, serious and very serious.

Regulations on geographical blocking

At the end of 2018, the new regulation on geographical blocking or geoblocking was implemented. This regulation has been approved by the European Union and fulfills the function of ending geographical discrimination by e-commerce towards users who have an IP address from another country. In this way, the online store will not be able to block the sale of a product or service to users coming from another country within the European Union.

It is important to bear in mind that in the sale of electronic services or in the electronic sale of services provided in physical locations (e.g. a concert), it has had more impact than in the trade of physical goods for logistical reasons.

It should be noted that transport services, financial services and works protected by copyright (books, music, software, etc.) are exempted from this regulation.

Do you still have doubts about this type of regulation or about its management? Resolve them by the hand of a gestor administrativo, trust in the gA.


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