Commercial Electronic Communications
Regarding the treatment of data through websites for the purpose of commercial communications by electronic means, the utilization of the LSSICE (Law 34/2002, of July 11, of the Information Society and Electronic Commerce Services is imposed) collected in articles 19 to 22 is applied. This regulation is of great importance since it regulates the sending of electronic commercial communications, establishing the AEPD (Spanish Agency for Data Protection) as the competent entity to sanction breaches.
The LSSICE generally prohibits the sending of advertisement or promotional communications by electronic mail or any other means of electronic communication without having previously been requested or expressly authorized by the addressees.
_ I ACCEPT THE SENDING OF COMMERCIAL COMMUNICATIONS
Pre-marked boxes cannot be included.
In any case, commercial communications must:
• Be clearly identifiable as such from the beginning of the communication, for example, inserting the word "PUBLICITY" at the beginning of the e-mail or "PUBLI", in the case of SMSs.
• Offer the possibility to the User to oppose the processing of their data for promotional purposes through a simple and free procedure. For example, insert the following: "If you do not wish to receive more commercial communications, click here" at the end of the email.
• In the case of promotional offers that include discounts, prizes, gifts, or contests, the conditions of access or participation must be clearly identified. It is advisable to insert the following clause at the end of the email: "Check the conditions of the contest here" (and insert the conditions of the contest in question).
• The consent for the use of personal data for advertising or commercial purposes must be revocable at any time through a simple and free means. When the communications have been sent by e-mail, such communication must include a valid electronic address where this right can be exercised, being the sending of communications that do not include said address prohibited.
Model clause to include in commercial emails:
In accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (RGPD), the Organic Law 3/2018 of December 5 (LOPDGDD) and other legal regulations in force on the protection of personal data the data contained in this communication is included in a data processing file owned by LLUCH ANGHEL GRUP S.L. This data will be used exclusively for the sending communications that may be of interest to you. Your data will not be transferred to third parties, except by legal obligation, and will remain on file as long as you do not request cancellation or opposition. This commercial communication is sent under the protection of Law 34/2002, Services of the Information Society and Electronic Commerce. If you wish to stop receiving commercial communications, revoke your consent, or exercise the rights of access, rectification, portability, opposition, limitation, or cancellation, you can request to do so, at any time, by sending an email to the address firstname.lastname@example.org indicating in the subject line "Withdrawal of Commercial Communications", or communicating it in writing, always providing your personal data, to CALLE DEL CARMEN 131 07701, MAHÓN. If you consider that the processing of personal data does not comply with current regulations, you can file a claim with the Spanish Control Authority for the protection of personal data (www.aepd.es).