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30,001 Euros fine for not responding to unsubscribe requests

Baker & McKenzie
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Spain
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April 1 2013

The Spanish DPA (Resolution No R000082013) has imposed a 30,001 Euros fine on an Internet marketing company for a serious infringement concerning

EU cookie rules implemented in Spain

Baker & McKenzie
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Spain
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June 14 2012

Royal Decree-Law 132012, which incorporates the new European regulatory framework on electronic communications contained in Directive 2009136EC (Citizens' Rights) and Directive 2009140EC (Better Regulation), came into effect on 1 April 2012

Fake social networking profile results in employee's dismissal

Baker & McKenzie
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Spain
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April 26 2012

The Cartagena Labour Court (Ruling No 5172011) was not convinced that the plaintiff employee had created a fake profile of the company's director on a social networking site, sent invitations to other employees, and published a number of defamatory comments about the company just to make a joke

Certification entities for gambling software sought

Baker & McKenzie
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Spain
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December 14 2011

The Finance and Economy Ministry Order EHA25282011 of 24 September 2011 has opened a proceeding to designate certification entities with respect to (i) gambling software andor (ii) the security of information systems of the operators in the online gambling sector

".es" domain names required to operate online gambling operations in Spain

Baker & McKenzie
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Spain
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August 15 2011

Under the new Spanish Gambling Law (132011 Act), licensees are required to use specific websites with ".es" domain names in order to operate their online gambling operations

ISP found liable for illegal content due to lack of diligence

Baker & McKenzie
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Spain
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May 24 2011

An internet service provider's (ISP) removal of content uploaded by its user (i.e., insulting comments and a degrading picture that plainly infringed an individual's right to honour) was not considered prompt enough for the ISP to be exempt from liability

Gaming company files suit for unlawful competition against online gaming company

Baker & McKenzie
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Spain
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May 4 2011

A Spanish listed gaming company which operates traditional bingo halls, betting shops and casinos in various countries has initiated a legal action on the basis of unlawful and unfair competition to force a Gibraltar-based online gaming company to drop its sponsorship of a Spanish football club and cease advertising in Spain

New e-business rules: publication of corporate acts on a company's website

Baker & McKenzie
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Spain
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March 16 2011

Royal Decree-Law 132010, in force since 3 December 2010, has modified the Companies Law (Ley de Sociedades de Capital) for companies to reduce administrative burdens and costs of advertising and processing related to certain corporate acts

Court rules video sharing website has no obligation to monitor videos ex ante

Baker & McKenzie
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Spain
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February 9 2011

The Mercantile Court number 7 of Madrid (the Court) has held that YouTube complies with the duty to cooperate with the IP rights holders through the detecting, reporting and verification systems that YouTube has implemented on its website, which allow the concerned third parties to control any potential infringements of their IP rights

Restricted Whois information for ".es" domain names

Baker & McKenzie
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Spain
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May 10 2010

The Instruction of the Managing Director of the public corporate entity Red.es, which sets out the procedures applicable to the assignment of ".es" domain names and other operations associated with their registration, has introduced restrictions for its Whois service