Difference between LOPD and LSS

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LOPD
The Data Protection Act, broadly speaking, ensures that any business, whether self-employed or not, declares how they are handling the data of individuals, as well as ensuring that they declare where said data has been stored .

In general, any business, whether offline or digital, has the duty to provide this information through the Spanish Data Protection Agency.

When it comes to an online business and marketing list of plumbers you store data on a third party server, you must make sure that the hosting complies with the stipulations set by the Spanish Data Protection Agency , because the poor handling of said data by the server you have contracted can lead to some sanctions. We will talk about this later.

LSSI
The Information Society Services Act is a law that expressly regulates the administration of data from electronic commerce and other services related to the digital field , provided that they have been developed as an economic activity.

Basically, this law ensures that online businesses keep users informed about the service provider's data.

That is, it not only takes into account the protection of people's data, but also protects consumers in order to manage all the information of the service provider; name of the business, address , telephone number , price of the product .

And if the service provider does email marketing , it must make clear the identity of the company, as well as explain the procedure for unsubscribing from the newsletter in case you do not want to receive more information .

The fact that any contract is made electronically gives the user the right to know everything related to the transaction that will take place, therefore, it is the duty of the online business to provide any type of information that gives clarity to the purchasing process.

The Law on Information Society Services could be looking at the famous cookies, for example. There are some sites that, when browsing their pages, do not inform the user of the process that they have in order to know the user's behavior within the pages, thus incurring in the LSSI.

So, to be on the right track with an online business, you need to be aware of the scope of these two laws in order to create a website within the legal framework.

The deadline granted by the Spanish Data Protection Agency has already passed. Do you still not know what to do to comply with the new law?

New LOPD law came into force on May 25, 2018
The Data Protection Act was first drafted in 1999, when we were just beginning to understand the globalisation offered by the Internet and we could not imagine the phenomenon we are experiencing today.

The law was therefore trying to protect what was at the time considered dangerous for individuals.

But everything has changed a lot since 1999 and in 2016 a new law was created that solves some of the inconveniences that were not seen during the first law.

Even so, the Spanish Data Protection Agency has given a period of two years to allow websites to update themselves , and from May 25, 2018, sanctions will begin to be imposed in accordance with the stipulations of the new law.

How to apply the new law?
Despite having been in the industry for a long time, the truth is that neither the LOPD nor the LSSI kept any online merchant awake at night, but with the new stipulations, it will be better to get on the right track if you don't want to earn a sanction like the one from Google or Groupon (we will see these examples later).

Initially, when we wanted to capture a lead or new subscriber, the CTAs or Pop-ups did not explicitly show the privacy policies, so it was tacitly assumed that the subscriber was accepting by simply signing up for the newsletter.

Now, with the new rules of the Data Protection Act, the Agency that regulates online commercial activity requires that websites explain, explicitly , what their privacy policies are within the pop-ups themselves. That is, instead of showing the classic pop-ups that looked like this: