Law 56/2007, Of 28 December, On Measures To Promote Of The Society Of The Information.

Original Language Title: Ley 56/2007, de 28 de diciembre, de Medidas de Impulso de la Sociedad de la InformaciĆ³n.

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

PREAMBLE

I

This Law is part of the package of measures that constitute the 2006-2010 Plan for the Development of the Information Society and Convergence with Europe and between Autonomous Communities and Autonomous Cities, Plan Avanza, approved by the Government in November 2005.

The Progress Plan foresees among its measures the adoption of a series of normative initiatives aimed at eliminating the existing barriers to the expansion and use of information and communications technologies and to guarantee the rights of citizens in the new information society.

In this respect, this Law, on the one hand, introduces a series of regulatory innovations in the field of electronic invoicing and the strengthening of the rights of users and, on the other hand, it undertakes the necessary modifications in the legal order to promote the momentum of the information society.

In this sense, a series of modifications are introduced both to Law 34/2002, of 11 July, of Services of the Information Society and of Electronic Commerce, and of Law 59/2003, of 19 December, of signature electronic, which constitute two cornerstones of the legal framework in which the development of the information society is developed.

This revision of the legal order is completed with other minor modifications of Law 32/2003, of 3 November, General of Telecommunications, of Law 11/1998, of April 24, General of Telecommunications and Law 7/1996, of 15 January, for the management of retail trade.

II

Chapter I of the Law introduces precepts aimed at promoting the use of electronic invoice and the use of electronic means at all stages of procurement processes and to ensure an interlocutory Users and consumers ' electronics with companies providing certain services of particular economic relevance.

In the field of electronic invoicing, Article 1 establishes the obligation to use the electronic invoice in the framework of the procurement with the public sector in the terms that are specified in the Law on public sector contracts, defines the legal concept of electronic invoice and also provides for actions to complement and deepen the use of electronic means in procurement processes.

Thus, the aforementioned precept provides that the Government will determine the competent organ of the General Administration of the State which will promote the use of the electronic invoice among the various market players, in particular among the small and medium-sized enterprises and in the so-called micro-enterprises, in accordance with the definition set out in Recommendation C (2003) 1422 of the European Commission of 6 May 2003, in order to promote the development of electronic commerce. For their part, the Autonomous Communities, in accordance with the powers granted to them by their Statutes, shall collaborate in coordination with the State Administration in the use of the electronic invoice.

In the same way the Government, or in its case the Autonomous Communities in the field of their competences will develop, in cooperation with the associations representative of the companies supplying of technical solutions of invoicing electronic and relevant user associations, a plan for the generalisation of the use of the electronic invoice in Spain, also defining the basic contents of this plan.

Likewise, the Law enables the Ministries of Industry, Tourism and Commerce and the Economy and Finance, respecting the competencies recognized by the Autonomous Communities, to approve the rules on structured formats standard electronic invoices that are necessary to facilitate interoperability in both the public and private sectors and enable the automated processing of such invoices to be facilitated and enhanced.

In addition, the aforementioned precept, going beyond the impulse to the extension of the use of the electronic invoice, entrusts to the various Public Administrations in the field of their competences the promotion of the extension and generalization the use of electronic means in the other phases of procurement processes.

Article 2, for its part, establishes the obligation of companies in certain sectors with special impact on economic activity (among others, companies engaged in the supply of electricity, water and gas, telecommunications, financial institutions, insurance companies, large areas, transport, travel agencies) to provide a means of telematic communication to users of their services with recognised certificates of signature electronic.

This new obligation is intended to ensure that citizens have an electronic communication channel with companies whose services are more important in the day-to-day development of their lives.

For these purposes, it is specified that such telematic dialogue should facilitate at least the completion of formalities such as electronic procurement, modification of contractual conditions, high, low, complaints, historical of invoicing, replacement of information and data in general, as well as the exercise of their rights of access, rectification, opposition and cancellation in matters of data protection. It is also envisaged that this means of telematic dialogue will be used to replace the procedures currently being carried out by fax. However, the said provision does not preclude the exceptionally high level of undertakings required by it not to facilitate the procurement of products or services which by their nature are not capable of being placed on the market by electronic means.

This obligation will complement the guarantee of the right of an electronic communication of citizens with the Public Administrations, established in Law 11/2007, of June 22, of electronic access of citizens to Public Services, running one of the regulatory mandates contained in the Avanza Plan.

Finally, Article 3 aims to establish a minimum regulation of electronic auctions between entrepreneurs (B2B) in order to establish a legal framework that will provide this technique of purchase of the necessary transparency and legal certainty.

In this regard, the proposed regulation is intended to avoid the suspicion of companies in participating in these new purchasing methods and to eliminate any kind of unfair practice or competition. In short, it is a question of guaranteeing through a specific precept the principles of equal treatment, non-discrimination and transparency between companies.

III

Chapter II of the Law encompasses the legislative changes that have been deemed necessary to promote the momentum of the information society and electronic communications.

These modifications mainly affect Law 34/2002, of July 11, of Services of the Information Society and of Electronic Commerce and Law 59/2003, of 19 December, of electronic signature, although they are included also minor modifications of Law 32/2003, of 3 November, General of Telecommunications, amended Law 7/1996, of January 15, of management of the retail trade to include a new type of infraction that supports the provisions In Article 2 of this Law, a series of changes are introduced in Law 11/1998 of April 24, General of Telecommunications and are also introduced amendments to the Law on Intellectual Property.

Article 4 of the Law includes the various amendments necessary to the current text of Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce (LSSI).

These changes are intended primarily to review or eliminate excessive or unnecessary obligations and, secondly, to make the obligations of commercial communications and procurement more flexible. In order to, among other reasons, adapt your application to the use of mobile devices.

The first measure envisaged is the redrafting of Article 8, which regulates restrictions on the provision of information society services and their procedure for intra-Community cooperation. As far as the first aspect is concerned, that is, the restrictions on telecommunications services, this provision states that in the event that a certain service of this nature is contrary to the principles which it is required to collect, the competent authorities for their protection shall take the necessary measures to enable them to cease their provision or to withdraw the data which they infringe. The principles of protection are: the safeguarding of public order, criminal investigation, public security and national defence; the protection of public health or of natural or legal persons who have the status of consumers; and users; respect for the dignity of the person and the principle of non-discrimination on grounds of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance, and finally, the protection of youth and childhood. As it cannot be otherwise, it is anticipated that the adoption of these measures will always respect the guarantees and procedures laid down in the laws. Finally, on this point of the restrictions on the provision of services of the Information Society, Article 8 also incorporates the principle that only the competent judicial authority, in cases where the Constitution and the laws of the respective fundamental rights and freedoms so provide for it to be excluded, may adopt the restrictive measures provided for in this article, as a guarantor of the rights to freedom of expression, production and literary creation scientific and technical, information and chair.

With regard to the procedure for intra-Community cooperation, Article 8 (4) maintains practically its wording as it constitutes a necessary transposition of the intra-Community cooperation procedure. provided for in Directive 2000 /31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of the services of the information society, in particular electronic commerce in the internal market. Article 8 (2), in accordance with Article 8 (2), on the collaboration of intermediary service providers to prevent access from Spain to services or content whose interruption or withdrawal has been decided by a competent body, is transferred to Article 11.

In line with the new wording of Article 8, paragraph 2 (a) of Article 38 (2) is also deleted, making it a very serious administrative infringement of the failure to comply with the orders given by the courts. Article 8 of the Treaty. In this respect, it is considered that the competent bodies to impose restrictions on the physical world, whether judicial or administrative-think for example in the health control authorities-should be enabled by their own rules. to impose such restrictions on the service providers of the information society when they fail to comply with an order to be issued by them in the exercise of their legally conferred powers. Without prejudice to the foregoing, the new wording of Article 8 (4) refers to Article 11 in order to enable the competent body to require the collaboration of intermediary service providers in the event of the necessary provision for ensure the effectiveness of the measures it has taken.

As a consequence of the amendments made to Article 8, a technical adjustment is made in the reference to Article 4, which is now to be referred to in Article 11.

The second major change foreseen in relation to Law 34/2002 of 11 July of Services of the Information Society and Electronic Commerce (LSSI) is the abolition of the obligation laid down in Article 9 on record of the domain names, since it has been revealed to be inoperative from a practical point of view.

In line with the deletion of Article 9, the elimination of Article 38 (4) (a) is also provided for in which the failure to comply with the provisions of the Article is typified as a minor administrative infringement. 9.

As a result of the deletion of Article 9, a technical amendment is made to the wording of Article 10 (1) (b). In addition, a drafting adjustment is made in paragraph (f) of paragraph 1 of Article 10.

Third, the amendment to Article 11 has been understood to be necessary. The current wording of the article includes a possibility of intervention by the Ministry of Science and Technology (today Ministry of Industry, Tourism and Commerce) that has been eliminated. In this respect, it is the competent bodies themselves which, in the exercise of the powers conferred on them by law, should be directed directly to the intermediary service providers, without the need for a foreign department, As it is the Ministry of Industry, Tourism and Trade, it intervenes in a procedure in which it is elucidated in cases where it lacks competence.

Moreover, it is specified in Article 11 that the suspension of the service that can be ordered to the service providers of intermediation is limited to those employed by third parties to provide the service of the society the information or to facilitate the content of which the interruption or withdrawal has been ordered. In addition, a new paragraph 2 is added, which brings to this article the forecast currently laid down in Article 8 (2), which provides for the possibility of requiring the collaboration of intermediary service providers to prevent access from Spain to services or content whose interruption or withdrawal has been decided.

A new paragraph is also included in Article 11 (3) which clarifies that the authorisation of the hijacking of Internet pages or their restriction when it affects the rights and freedoms of expression and information and other persons covered by the terms laid down in Article 20 of the Constitution may only be decided by the competent courts.

Furthermore, a new Article 12a is included, which establishes the obligation of Internet access providers established in Spain to inform their users about the technical means to enable, inter alia, the protection of in the face of computer viruses and spyware, the restriction of unsolicited emails, and the restriction or selection of access to certain unwanted or harmful content and services for youth and children.

Likewise, such providers are required, as well as email service providers to inform their customers about the security measures they apply in the provision of their services.

Furthermore, access service providers are entrusted with the task of informing their clients about possible responsibilities in which they may incur the use of the Internet for illicit purposes, in particular for the purposes of The Commission has also proposed a number of amendments to the proposal for a directive on the protection of the environment. In order to support these obligations, a new type of minor infringement is included in Article 38 (4), which, taking into account the deletion of the current subparagraph (a), will give new content to it.

Another amendment deemed necessary is the revision of the current wording of Article 17 (2) in order to clarify and specify that it is responsible for the provider of the link or the search engine of the contents of which it has knowledge when it has been produced under its "direction, authority or control".

A new wording is incorporated in Article 18 (3), in the sense that the codes of conduct referred to in this precept must be accessible by electronic means, with the encouragement of their translation into the various languages State and European Union officials in order to provide them with the widest possible dissemination.

In the field of commercial communications, the demand for information provided in the current article 20 on advertising messages through electronic mail or equivalent means of communication is relaxed in order to The abbreviation "publi" may be included in the insertion of the term "advertising" at the beginning of the message. This is a measure which has been requested on a number of occasions by agents who carry out activities related to advertising via mobile telephony and, on the other hand, does not constitute a violation of the protection and rights of the user information, since the term "publi" is easily recognizable as an indication of "advertising".

Additionally, minor adjustments are made to the wording of the aforementioned article in order to align it more closely with the provisions of Directive 2000 /31/EC.

In the field of electronic procurement, an adjustment is made to the current wording of Article 24 in order to include an express reference to Law 59/2003, of 19 December, of electronic signatures and thus highlight the special value evidentiary of electronic contracts which are concluded by the use of electronic signature instruments.

In the same way, Article 27, concerning the obligations of prior information in the field of electronic procurement, is adjusted in the light of the experience gained in its implementation by the Ministry of Industry, Tourism and Trade in the exercise of its powers of inspection and control of Internet pages. In this respect, it is envisaged that the information to be provided must be "made available" to users "by means of appropriate techniques to the means of communication used", thereby making it more flexible to facilitate the use of the information. performing electronic procurement operations using devices that have reduced-format display screens.

Also included in the new wording of Article 27 is a clarification rule whereby, when the service provider specifically designs its electronic contracting services to be accessed by means of devices which have reduced-format screens, the obligations of prior information laid down in that provision shall be construed as being fulfilled where the said provider provides, in a permanent, easy, direct and accurate manner, the Internet address in which the service provider such information is made available to the recipient.

Article 27 (2) is also amended in order to remove the paragraph "where these means are not used for the sole purpose of circumventing compliance with that obligation" since it is impossible to determine in practice when done for this purpose.

This Article 4 also amends Articles 33, 35 and 43 of Law 34/2002, of July 11, of Information Society and Electronic Commerce Services.

The amendments introduced to Articles 33 and 35 are designed to adapt their content to the current organisation of the territorial administration of the State in the light of the powers conferred on it by the General administration of the State as those of the Autonomous Communities.

On the other hand, a new wording is given to Article 43 of Law 34/2002, which refers to sanctioning powers. In particular, the new wording provides that the imposition of penalties for non-compliance with the provisions laid down in that law shall correspond to the body or authority which issued the unfulfilled decision or to which the inspectors are attached. In the field of the Autonomous Communities, infringements of the rights and guarantees of consumers and users shall be sanctioned by the relevant consumer bodies.

In addition, a new wording is incorporated into the third provision of the aforementioned Law on the arbitration system for consumption in the sense that the providers and recipients of the services of the company You can submit your conflicts to this resolution system.

Finally, the content of the current additional fifth provision concerning the accessibility of the Internet pages is reviewed, updated and extended to ensure adequate accessibility for people with disabilities. disability and older age to information provided by electronic means.

IV

Article 5 of the Law provides for the necessary amendments to the articles of Law 59/2003, of 19 December, of electronic signatures.

These changes are intended to clarify the rules of assessment of electronic signatures in judgment and to make it more flexible for providers of certification services to check the data entered in registers. to remove excessive loads.

The first aspect that is reviewed in article 3 of the Law of Electronic Signature is the definition of "electronic document" that is modified to align it to a greater extent with the concepts used in other Spanish rules of character and in the countries of our environment.

Secondly, the wording of Article 3 (8) is clarified, specifying that what is to be checked, if an electronic signature is to be contested in the judgment, is whether the constituent elements of the type of electronic signature, i.e. an advanced electronic signature based on a recognised certificate, which meets all the requirements and conditions set out in this Act for this type of electronic certificate, and which the signature is generated by a secure electronic signature creation device.

The third modification is the revision of the rule of disclaimer established in the second indent of Article 23 (5) of the Law which is excessively rigid and burdensome for the providers of certification services, and therefore appropriate flexibility is appropriate.

In line with the aforementioned amendment to Article 23, Article 13 is also corrected, providing that for the verification of the data relating to legal persons and the representation of legal persons it shall be sufficient the public documents in which the data are listed are supplied and collated, thus establishing a level of demand comparable to that used by the public authorities themselves in the collation and sufficability of that type of data.

A technical amendment to the current wording of Article 31 (4) is also introduced.

Finally, as in the case of Law 34/2002, of July 11, of Information Society Services and Electronic Commerce, this article incorporates an additional provision eleventh to the Law of Electronic Signature on the settlement of disputes in the sense that the users and providers of certification services may subject the disputes arising between them to the arbitral proceedings.

V

Article 6 includes a new type of infringement in Article 64 of Law 7/1996 of 15 January 1996 on the Management of Retail Trade, in order to support the new obligation to have an electronic means of communication for the provision of services to the public of special economic importance as set out in Article 2 of this Law.

Article 7 of the Law introduces a series of amendments to Law 32/2003 of 3 November, General Telecommunications.

The first of these amendments concerns the first paragraph of Article 22 (a) and (c) aimed at ensuring access to telephone and Internet services as a universal service. The wording of Article 22 (1) (a) ensures that all end-users can obtain a connection to the public network from a fixed location and access the provision of telephone service. The connection must provide the user with the possibility to make and receive telephone calls and allow for fax communications and sufficient speed data to access the Internet, and this connection should be allowed in broadband in the terms defined by the current regulations.

The wording of point (c) of the aforementioned precept guarantees both the existence of a sufficient supply of public pay telephones throughout the national territory, which satisfies the needs of users, in geographical coverage and in the number of devices, the accessibility of such telephones by users with disabilities, such as the quality of services with the possibility of making free emergency calls and finally the existence of a sufficient supply of Broadband Internet access terminal equipment on the terms set by the legislation in force.

In order to strengthen the rights of users in the face of providers of electronic communications networks and services, Articles 53 and 54 of the General Telecommunications Law are amended, by means of administrative infringement of the non-compliance by operators of the rights of consumers and users in the field of telecommunications.

Also, the exemption of the old rate by reserve of special use of the spectrum, to radio amateurs and users of the Citizen Band CB-27 that was contained in Law 11/1998, of April 24, General of Telecommunications, is reestablished. for those users who, at the date of the accrual, have been 65 years of age, as well as to the beneficiaries of a public pension or who are recognised as having a disability equal to or greater than 33 per 100.

Article 8 establishes a new regime applicable to tariffs for the tasks of assignment, renewal and other registration operations carried out by the business public entity Red.es in the exercise of its role as Authority of Assignment of Internet domain names under the country code corresponding to Spain, which will become public price consideration. This allows the business public entity Red.es to market the domain names ". is" under the same conditions as the other generic and territorial domain names are marketed.

The additional provision first provides that the allocation authority for Internet domain names under the country code for Spain (". is") take the necessary measures to ensure that domain names containing characters of the official languages of Spain other than those included in the English alphabet, such as the letter "n" or "c", can be assigned within a period of time. maximum of 3 months from the entry into force of this Law.

The additional provision second provides that the Government, in collaboration with the Autonomous Communities, will push for the extension of broadband in order to achieve by December 31, 2008, a service coverage universal broadband, for all citizens, regardless of the type of technology used in their case and their geographical location. Government action should be directed primarily to areas where the action of market mechanisms is insufficient.

It is also specified that the government will continuously analyze the different technological options and the conditions for the provision of broadband Internet access services. To this end, it will work with the different sectors concerned to advise the Government in the elaboration of an annual report on the situation of the use of broadband Internet access services in Spain that will have a public character. and may include recommendations to accelerate the deployment of these services. These analyses and reports should be developed territorially by Autonomous Communities, with data being compared in electronic format with the Administrations that request it.

For its part, the third provision provides for the government to draw up within six months a plan for improving security and confidence levels on the Internet, which will include guidelines and measures to increase security. security against Internet threats and protect online privacy.

The fourth additional provision refers to the functions of the Secretariat of State of Telecommunications and the Information Society and the statistical bodies of the Autonomous Communities in respect of the requirements of the information for statistical and analytical purposes. For this purpose, the Secretary of State for Telecommunications and the Information Society is responsible for the ability to obtain information from the agents operating in the information technology and the information society sector. in general the information necessary for the exercise of its functions as the power to sanction infringements consisting of not providing the required information to the same person.

In the fifth additional provision the obligation is laid down that in the elaboration of the projects of construction works of roads or railway infrastructures the installation of channelings for the deployment of electronic communications networks along the entire length of the same and the equipment to ensure the coverage of mobile communications throughout their journey. Such channels shall be made available to operators of electronic communications networks and services concerned on a level playing field, non-discriminatory, cost-neutral and cost-oriented.

The sixth additional provision entrusts the Ministry of Industry, Tourism and Trade with the task of maintaining an updated and sectoralized database at least by territorial areas of the autonomous Community. deployment and coverage of electronic communications infrastructure and services and the information society in Spain.

The additional seventh provision states that the constitution of the State Radiocommunications Agency will take place at the time of the Royal Decree of approval of its Statute.

The eighth additional provision amends Article 48 (13) of Law 32/2003 of 3 November, General Telecommunications. The standard establishes in Barcelona the headquarters of the Commission of the Telecommunications Market that will have an independent heritage of the State's patrimony. The introduction of this provision gives the establishment of the headquarters of the said Commission a range of law.

The additional provisions of the ninth and tenth amendments, respectively, amend Law 2/1995 of 23 March of Societies of Limited Liability and the recast of the Law of Companies, approved by the Royal Decree Legislative 1564/1989 of 22 December 1989 in order to drastically reduce the time of the formation of a limited company, with a reduction of up to four days.

In particular, the amendment is based on the following measures: (i) Introduction of a type or guidance model of statutes in the limited liability company; (ii) streamlining of procedures involving obtaining a social denomination as a step prior to the formation of a limited liability company, without thereby downplaying the security that the current system of social denominations, tutored by the Registry, brings to commercial traffic Central Mercantile; and (iii) empower administrators, since the granting of the foundational writing, for the development of the social object and for the realization of all kinds of acts and contracts related to it.

This provision has been submitted to the procedure for information on technical standards and regulations provided for in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for information on technical standards and regulations, as amended by Directive 98 /48/EC, of the European Parliament and of the Council of 20 July 1998 and of Royal Decree 1337/1999 of 31 July 1998 on the (a) the provision of information in the field of technical standards and regulations and regulations relating to the services of the information society.

The additional eleventh provision introduces an aspect of significant relevance as it mandates the Public Administrations to promote the drive, development and application of accessibility standards for people with disabilities in designs and processes based on new information society technologies.

In order to guarantee the right of citizens to the use of the various languages of the State, the additional provision twelfth imposes on public administrations the duty to promote linguistic pluralism in society. the information and the thirteenth establishes, in order to promote the electronic means of these technologies, the obligation to regulate the telematic instruments necessary to be used by those collegiate professionals who prepare and prepare projects and reports to be incorporated into the procedures which are dealt with by Public Administrations.

The additional fourteenth provision attributes to the National Reference Centre for the Application of Information and Communication Technologies (CENATIC), in collaboration with the Autonomous Centres of Reference and the Centre de Transfer of Technology between Public Administrations of the General Administration of the State the dissemination of the declared applications of open source by the Public Administrations themselves. Also, CENATIC will be responsible for advising on the legal, technological and methodological aspects for the release of software and knowledge.

In order to encourage the participation of society and private non-profit entities and to guarantee pluralism and freedom of expression in the information society, the Law includes an additional provision Fifteenth in whose virtue the means of support and the lines of financing for the development of the information society services promoted by these entities and which promote democratic values, participation shall be established (a) citizen and serve the general interest or provide services to disadvantaged social groups.

The additional provision sixteenth refers to the making available to citizens, in the legally established terms of the digital content of the Public Administrations of whose property rights intellectual property or belong to the public domain.

The additional seventeenth provision provides the possibility for both natural and legal persons to make available to the public the contents of the digitised works of which they are the holders, with the aim of to promote new technologies and the information society among citizens.

CHAPTER I

Information Society Momentum Measures

Article 1. Measures to boost the electronic invoice and the use of electronic means in other phases of procurement processes.

1. Electronic invoicing in the framework of procurement with the State public sector will be mandatory in terms of the regulatory law of public sector procurement and its development regulations.

For these purposes, the electronic invoice shall be understood to be an electronic document which complies with the legal and regulatory requirements of invoices and which, moreover, guarantees the authenticity of its origin and the integrity of its content, which prevents the repudiation of the invoice by its issuer.

2. The Government shall determine the competent authority of the General Administration of the State which shall promote the use of the electronic invoice between employers, professionals and other market players, in particular between small and medium-sized enterprises and in the case of micro-enterprises, in order to promote the development of electronic commerce. The Autonomous Communities, in accordance with the competencies recognized by their Statutes, will collaborate in coordination with the State Administration in boosting the employment of the electronic invoice.

The Government, or the Autonomous Communities in the field of their jurisdiction, shall, within a maximum period of nine months from the entry into force of this Law, establish, or within the time limit set by the Administration, the In coordination with the Autonomous Communities, when they do not correspond to their own development, and after consulting the relevant associations representative of the entities providing technical solutions for electronic invoicing, the relevant associations of users of the same and the professional associations which group together to technicians from the Information Society and Telecommunications sector, a plan for the generalization of the use of electronic invoice in Spain.

The aforementioned Plan will contain, among others, the accessibility criteria and will promote the interoperability of the various electronic invoicing solutions. The Plan of the General Administration of the State will establish specific economic aid schemes for the implementation of the electronic invoice, in which general funds will be provided for the Autonomous Communities that develop their Plan for the generalisation of the use of the electronic invoice, and it will be the latter which will specify the destinations and conditions for processing and granting of the aid derived from these funds.

3. The Ministries of Industry, Tourism and Trade and the Economy and Finance, taking into account the competences recognized by the Autonomous Communities, will approve, within a maximum period of 6 months from the entry into force of this Law, the rules on standard structured formats of electronic invoices that are necessary to facilitate the interoperability of the public sector with the private sector and to promote and enhance the automated processing of such invoices. These rules shall not be restrictive and shall encourage the public sector to adopt the broad-based formats defined by the relevant global standardisation organisations.

The structured formats of electronic invoices will allow their visualization and issuance in the different official languages, in order to guarantee the rights of users.

4. In addition, the various public administrations will promote in the field of their competences and according to their criteria the incorporation of the electronic invoice in the different public actions other than the contracting, in particular, in the field of justification of aid and subsidies.

5. It shall apply to the processing and preservation of the data necessary for electronic invoicing, as provided for in the Organic Law 15/1999 of 13 December on the protection of personal data and its implementing rules.

Article 2. Obligation to have a means of telematics for the provision of services to the public of special economic importance.

1. Without prejudice to the use of other means of distance communication with customers, undertakings providing services to the general public of particular economic importance shall provide their users with a means of communication. telematics which, by the use of recognised certificates of electronic signature, enables them to carry out at least the following formalities:

(a) The electronic procurement of services, supplies and goods, the modification and termination or termination of the corresponding contracts, as well as any legal act or business between the parties, without prejudice to the provisions in the sectoral rules.

b) Query your customer data, which will include information about your billing history of at least the last three years and the signed contract, including general conditions if any.

c) Submission of complaints, incidents, suggestions and, where appropriate, complaints, ensuring the consistency of their presentation to the consumer and ensuring direct personal attention.

d) Exercise of their rights of access, rectification, cancellation and opposition in the terms provided for in the regulations for the protection of personal data.

2. For the purposes of the preceding paragraph, they shall be regarded as undertakings providing services to the general public of particular economic importance, which shall bring together more than one hundred workers or their annual volume of operations, calculated in accordance with the value added tax rules, exceeds EUR 6,010,121,04 and which, in both cases, operate in the following economic sectors:

(a) Electronic communications services to consumers, in the terms defined in Law 32/2003 of 3 November, General Telecommunications.

(b) Financial services intended for consumers, including banking, credit or payment services, investment services, private insurance operations, pension plans and the mediation activity insurance. In particular,

following definitions shall apply:

1. Banking, credit or payment services: activities related to Article 52 of Law 26/1988 of July 29 on Discipline and Intervention of Credit Entities.

2. Investment services: those defined as such in the Law 24/1988, of July 28, of the Securities Market.

3. Private insurance operations: those defined in Article 3 of the recast of the Law on the Management and Supervision of Private Insurance, approved by Royal Decree-Law 6/2004 of 29 October.

4. Pension plans: those defined in Article 1 of the recast of the Law on the Regulation of Pension Plans and Funds, approved by Royal Legislative Decree 1/2002 of 29 November.

5. Insurance broker activity: that defined in Law 26/2006 of 17 July of mediation in private insurance and reinsurance.

c) Water supply services to consumers, defined in accordance with specific regulations.

(d) Retail gas supply services, in accordance with the provisions of Law 34/1998 of 7 October of the Hydrocarbons Sector.

e) Services of electrical supply to final consumers, in accordance with the provisions of Title VIII of Law 54/1997, of 27 November, of the Electrical Sector.

f) Travel agency services, in accordance with the provisions of Royal Decree 271/1988 of 25 March, which regulates the exercise of the activities of travel agents.

g) Services for the carriage of passengers by road, rail, by sea, or by air, in accordance with the provisions of the applicable specific rules.

(h) Retail trade activities, in accordance with the terms laid down in Article 1 (2) of Law No 7/1996 of 15 January 1996 on the organisation of retail trade and its implementing rules, to which they shall apply only paragraphs (c) and (d) of paragraph 1 of this Article.

3. Exceptionally, the Government or, where appropriate, the competent bodies of the Autonomous Communities may extend the scope of paragraph 1 of this Article to other undertakings other than those provided for in the Law, in cases where the which, by the nature of the service they provide, it is considered that in the course of their normal activities they must have a telematic dialogue with their customers or users.

Within one year of the entry into force of the obligation referred to in paragraph 1, the Government shall analyse the application of paragraph 2 of this Article to other undertakings with more than one hundred workers or having a volume Annual transactions, calculated in accordance with the value added tax rules, exceeding EUR 6,010,212,04, which, in the course of their normal business, provide services in which they are deemed to have a telematic communication with your clients or users.

Autonomous Communities with exclusive competence in matters subject to the obligation of telematic communication may modify the scope and intensity of application of paragraph 1 of this Article in those cases in that it is precisely because of the sectoral development of its competences that they consider it appropriate.

Article 3. Public procurement of electronic procurement between companies.

1. For the purposes of this provision, it is understood as a public offering of electronic procurement between undertakings, that service of the information society which consists of an entirely electronic process which is open and limited in time, company offers the possibility to buy or sell a certain type of products to other companies so that the final procurement is awarded to the best valued proposal.

2. Public tenders for electronic procurement between undertakings which are part of the transparency protocol described in paragraph 3 of this Article may include the name 'Public offer of electronic procurement of transparency'. guaranteed ".

3. In order for a public offering of electronic procurement between companies to be qualified as a "Public Offering for Guaranteed Transparency Electronic Procurement", it must meet the following minimum requirements:

(a) The contracting undertaking which decides to make use of an electronic procurement tender shall make mention of this in the contract notice to be published on the company's corporate website in an accessible and visible manner to the set of companies or for some previously selected.

In the contract notice, tenders shall be invited to tender within a reasonable time from the date of publication of the notice.

(b) The conditions of the contracting undertaking shall include, at least, information on the items to which the securities are referred to as an electronic procurement tender, provided that they are quantifiable and can be expressed in figures or percentages; where appropriate, the limits of the values which may be presented, as they result from the specifications of the subject-matter of the contract; the information to be made available to tenderers during the public procurement tender electronic and the time when, where appropriate, they shall be provided with such information; relevant to the development of the public procurement tender; the conditions under which the tenderers may bid, and in particular the minimum differences which will be required, where appropriate, to bid; the relevant information on the electronic device used and the methods and technical specifications for connection.

(c) Throughout the process of the public offering of electronic procurement, the contracting undertaking shall communicate to all tenderers at least the information which enables them to know their respective classification at all times. The contracting undertaking may also communicate other data relating to other prices or securities presented. Participants may only use the information referred to in this paragraph for the purpose of their classification, without being able to carry out their treatment for another purpose other than that specified.

(d) The contracting undertaking shall close the public procurement tender in accordance with the date and time set out in advance in the contract notice for the public procurement tender.

e) Upon completion of the process, the company will inform the participants of the decision taken.

4. The Government will promote companies to adhere to the rating of "Public Offering for Electronic Procurement of Guaranteed Transparency" in their business relationships.

CHAPTER II

Legislative changes to the momentum of the information society and electronic communications

Article 4. Amendments to Law 34/2002, of 11 July, of Services of the Information Society and Electronic Commerce.

Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce is amended, in the following aspects:

One. New wording is given to the first paragraph of Article 4, with the following text:

"To providers established in countries which are not members of the European Union or the European Economic Area, the provisions of Articles 7.2 and 11.2 shall apply to them."

Two. New wording is given to Article 8, with the following text:

" Article 8. Restrictions on the provision of services and the procedure for intra-Community cooperation.

1. Where a particular service of the information society atents or may be able to comply with the principles set out below, the bodies responsible for their protection, in the exercise of the duties they have legally (a) they may take the necessary measures to ensure that their benefit is interrupted or to withdraw their data. The principles referred to in this paragraph are as follows:

a) Safeguarding public order, criminal investigation, public security, and national defense.

(b) The protection of public health or natural or legal persons who have the status of consumers or users, even when acting as investors.

c) Respect for the dignity of the person and the principle of non-discrimination on the basis of race, sex, religion, opinion, nationality, disability or any other personal or social circumstance, and

d) The protection of youth and children.

In the adoption and enforcement of the restriction measures referred to in this paragraph, the guarantees, rules and procedures provided for in the legal order to protect the rights to privacy will be respected in any case. personal and family, to the protection of personal data, to freedom of expression or to freedom of information, when these could be affected.

In all cases where the Constitution and the laws governing the respective rights and freedoms so provide, only the competent judicial authority may adopt the measures provided for in this Constitution. Article, as a guarantor of the right to freedom of expression, the right of production and literary, artistic, scientific and technical creation, the freedom of professorship and the right of information.

2. The adoption of restrictions on the provision of information society services from providers established in a Member State of the European Union or the European Economic Area other than Spain shall follow the procedure of intra-Community cooperation described in the following paragraph of this Article, without prejudice to the provisions of procedural law and judicial cooperation.

3. Where a competent body agrees, in the exercise of the powers conferred on it by law, and in accordance with the provisions of Article 3 (4) (a) of Directive 2000 /31/EC, to establish restrictions affecting a the information society service which comes from one of the Member States of the European Union or the European Economic Area other than Spain, that body shall follow the following procedure:

(a) The competent body shall require the Member State in which the provider concerned is established to take appropriate measures. Where it is not adopted or is not sufficient, that body shall notify the European Commission or, where appropriate, the Joint Committee of the European Economic Area and the Member State concerned of the measures which it intends to take. to adopt.

(b) In cases of urgency, the competent authority may take appropriate measures, notifying them to the Member State of provenance and to the European Commission or, where appropriate, to the Joint Committee of the European Economic Area with the as soon as possible and, in any event, no more than 15 days after its adoption. It must also indicate the cause of such urgency.

The requirements and notifications referred to in this paragraph shall always be made through the authority of the General Administration of the competent State for the communication and transmission of information to the Communities. European.

4. The competent bodies of other Member States of the European Union or of the European Economic Area may require the collaboration of intermediary service providers established in Spain in accordance with the terms laid down in paragraph 2 of this Article. Article 11 of this law if deemed necessary to ensure the effectiveness of the restriction measures which they adopt under the previous paragraph.

5. The restriction measures to be adopted under this Article shall, in any event, comply with the guarantees and the requirements laid down in Article 11 (3) and (4) of this Law. "

Three. Article 9 is deleted, on record of the domain name, which is left without content.

Four. Article 10 (1) (b) and (f) is reworded with the following text:

" (b) The particulars of their registration in the Trade Register in which, if applicable, they are registered or of that other public register in which they are registered for the acquisition of legal personality or for the sole purposes of advertising. "

" (f) Where the information society service refers to prices, clear and accurate information shall be provided on the price of the product or service, indicating whether or not it includes the applicable taxes and, where applicable, on the costs of sending or, where appropriate, the rules of the Autonomous Communities with powers in the field. "

Five. New wording is given to Article 11, with the following text:

" Article 11. Duty of collaboration of the intermediary service providers.

1. Where a competent authority has ordered, in the exercise of the powers conferred on it by law, the interruption of the provision of a service of the information society or the withdrawal of certain content from the Providers established in Spain, and for this to be necessary the collaboration of the service providers of intermediation, said organ may order the aforementioned providers to suspend the corresponding intermediary service used for the provision of the service of the information society or of the contents of which interruption or withdrawal have been ordered respectively.

2. Yes to ensure the effectiveness of the resolution which agrees to the interruption of the provision of a service or the withdrawal of content from a provider established in a State outside the European Union or the Economic Area European, the competent body considers it necessary to prevent access from Spain to them, and for this to be necessary the collaboration of the service providers of intermediation established in Spain, said organ will be able to order the cited service providers who suspend the relevant service of the intermediation used for the provision of the information society service or the content of which the interruption or withdrawal has been ordered respectively.

3. In the adoption and implementation of the measures referred to in the preceding paragraphs, the guarantees, rules and procedures laid down in the legal order to protect personal privacy and personal privacy shall be respected in any event. family, protection of personal data, freedom of expression or freedom of information, where they may be affected.

In all cases in which the Constitution, the regulatory norms of the respective rights and freedoms or those that are applicable to the different matters attribute competence to the courts of form Only the competent judicial authority may take the measures provided for in this Article to intervene in the exercise of activities or rights. In particular, the authorisation of the abduction of Internet pages or of their restriction when it is affecting the rights and freedoms of expression and information and other rights under the terms laid down in Article 20 of the Constitution only may be decided by the competent courts.

4. The measures referred to in this Article shall be objective, proportionate and non-discriminatory, and shall be taken as a precautionary measure or in accordance with the decisions to be taken, in accordance with the legal administrative procedures. established or provided for in the relevant procedural law. "

Six. A new Article 12a is included, with the following wording:

" Article 12a. Security reporting obligations.

1. The intermediary service providers established in Spain in accordance with the provisions of Article 2 of this Law which carry out activities consisting in the provision of Internet access services, shall be obliged to inform their (a) clients in a permanent, easy, direct and free way, on the various means of a technical nature which increase the levels of information security and allow, inter alia, protection against computer viruses and spy programmes, and the restriction of unsolicited emails.

2. Providers of Internet access services and providers of e-mail or similar services shall inform their customers on a permanent, easy, direct and free basis of the security measures they implement in the the provision of those services.

3. Similarly, the service providers referred to in paragraph 1 shall report on the existing tools for filtering and restricting access to certain undesired content and services on the Internet or which may be harmful to the Internet. youth and childhood.

4. The service providers referred to in paragraph 1 shall provide information to their clients about any liability they may incur for the use of the Internet for illicit purposes, in particular for the illicit commission. In the case of intellectual property and industrial property law, the law is infringed.

5. The reporting obligations referred to in the preceding paragraphs shall be fulfilled if the relevant supplier includes the information required on his or her website or website in the form set out in the above paragraphs. paragraphs. "

Seven. New wording is given to Article 17 (2), with the following text:

" 2. The liability exemption provided for in paragraph 1 shall not operate on the assumption that the content provider to whom it is linked or whose location is provided acts under the direction, authority or control of the provider providing the location of these contents. "

Eight. Article 18 (3) is amended, having the following literal wording:

" 3. The codes of conduct referred to in the preceding paragraphs shall be accessible by electronic means. Its translation into other official languages, in the State and in the European Union, shall be encouraged in order to disseminate them further. "

Nine. New wording is given to Article 20, with the following text:

" Article 20. Information required on commercial communications, promotional offers and competitions.

1. Commercial communications by electronic means shall be clearly identifiable as such and the natural or legal person on behalf of which they are made must also be clearly identifiable.

In the case where they occur via e-mail or other equivalent electronic means of communication, the word 'advertising' or the abbreviation '' publi '' shall be included at the beginning of the message.

2. In the case of promotional offers, such as those that include discounts, prizes and gifts, and promotional contests or games, prior to the corresponding authorization, must be assured, in addition to the fulfilment of the requirements set in the previous paragraph and the rules on the management of trade, which are clearly identified as such and that the conditions of access and, where appropriate, participation are easily accessible and are clearly and unequivocally expressed.

3. The provisions of the above paragraphs are without prejudice to the provisions of the rules laid down by the Autonomous Communities with exclusive powers relating to consumption, electronic commerce or advertising. '

Ten. New wording is given to Article 24 (1), with the following text:

" 1. Proof of the conclusion of an electronic contract and of the obligations arising from it shall be subject to the general rules of the legal order.

When contracts entered into by electronic means are electronically signed, it will be within the meaning of Article 3 of Law 59/2003 of 19 December, of electronic signature. "

Once. The heading and paragraphs 1 and 2 of Article 27 are hereby reworded, with the following text:

" Article 27. Pre-procurement obligations.

1. In addition to the fulfilment of the information requirements laid down in the current legislation, the service provider of the information society carrying out electronic procurement activities shall have the obligation to put the provision of the addressee, before initiating the procurement procedure and by means of appropriate techniques to the means of communication used, in a permanent, easy and free manner, clear, comprehensible and unambiguous information on the following extremes:

(a) The various formalities to be followed to conclude the contract.

b) If the provider is to archive the electronic document in which the contract is formalized and if it is to be accessible.

c) The technical means at your disposal to identify and correct errors in the introduction of data, and

(d) The language or languages in which the contract may be concluded.

The obligation to make available to the recipient the information referred to in the preceding paragraph shall be fulfilled if the provider includes it on its website or website under the conditions set out in that paragraph.

When the provider specifically designed its electronic procurement services to be accessed by means of devices that have reduced-format screens, the obligation set out in this Directive shall be deemed to be fulfilled. paragraph where it provides, in a permanent, easy, direct and accurate manner, the Internet address in which such information is made available to the recipient.

2. The provider shall not have the obligation to provide the information referred to in the previous paragraph when:

a) Both contractors agree to this and none of them have the consideration of a consumer, or

(b) The contract has been concluded exclusively by electronic mail exchange or other equivalent electronic communication. "

Twelve. A new wording is given to Article 33, with the following text:

" The recipients and service providers of the information society may address any competent bodies in the field of the information society, health and consumption of public administrations, in order to:

(a) Get general information about your contractual rights and obligations under the rules applicable to electronic procurement,

b) Reporting on judicial and out-of-court settlement procedures, and

c) Get data from authorities, associations, or organizations that can provide you with additional information or practical assistance.

Communication with such organs may be made by electronic means. "

Thirteen. Article 35 (1) and (2) are reworded, with the following text:

" 1. The Ministry of Industry, Tourism and Trade in the field of the General Administration of the State, and the corresponding bodies of the Autonomous Communities, will control, in their respective territorial and competitive fields, the the service providers of the information society from the obligations set out in this Law and in its development provisions, as regards the own services of the information society.

However, references to the competent bodies contained in Articles 8, 10, 11, 15, 16, 17 and 38 shall be construed as references to the courts or administrative bodies which, in each case, are in accordance with the material.

2. The bodies referred to in paragraph 1 of this Article may carry out the inspection measures which are necessary for the exercise of their control function.

Officials attached to such bodies and carrying out the inspection referred to in the preceding paragraph shall be considered to be public authorities in the performance of their duties. "

Fourteen. Article 38 (2) (a), which is without content, is deleted.

Fifteen. Article 38 (4) (a) is reworded with the following text:

"(a) Failure to comply with the provisions of Article 12a."

Sixteen. A new wording is given to Article 43, with the following text:

" 1. The imposition of penalties for non-compliance with the provisions of this Law shall correspond to the body or authority that issued the unfulfilled resolution or to which the inspectors are attached. In addition, infringements of the rights and guarantees of consumers and users will be sanctioned by the relevant body of the Autonomous Communities responsible for consumer affairs.

2. In the General Administration of the State, the imposition of penalties for failure to comply with the provisions of this Law will correspond, in the case of very serious infringements, to the Minister of Industry, Tourism and Trade, and in the case of serious infringements and (a) to the Secretary of State for Telecommunications and to the Information Society.

notwithstanding the foregoing, the imposition of penalties for failure to comply with the decisions given by the competent bodies in the light of the relevant matter or entity referred to in paragraphs (a) and (b) of the Article 38.2 of this Law will be the organ that dictated the unfulfilled resolution. It shall also be the responsibility of the Data Protection Agency to impose penalties for the commission of the offences referred to in Articles 38.3 (c), (d) and (i) and (d), (g) and (h) of this Act.

3. The sanctioning power regulated in this Law shall be exercised in accordance with the provisions of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and in its rules of development. However, the maximum duration of the simplified procedure shall be three months. '

seventeen. A new wording is given to the third additional provision, with the following text:

" Additional provision third. Consumer Arbitration System.

The provider and the recipient of the information society services may submit their conflicts to the consumer arbitration, by means of the accession of those to the Competent Consumer Arbitration System which will also be provided by electronic means, in accordance with the regulatory procedure. "

Eighteen. New wording is given to the second subparagraph of paragraph one of the fifth additional provision, with the following text:

" As of 31 December 2008, the Internet pages of the Public Administrations will satisfy, as a minimum, the average level of accessibility criteria for generally recognized content. Exceptionally, this obligation shall not apply where a functionality or service does not have a technological solution that allows its accessibility. "

nineteen. Two new paragraphs, which shall be respectively the third and fourth paragraphs, shall be added to paragraph one of the fifth additional provision, with the following:

" Public Administrations will require that both Internet pages whose design or maintenance fully or partially fund the Internet pages of entities and companies that are responsible for managing public services apply the accessibility criteria mentioned above. In particular, it will be mandatory as expressed in this section for the websites and their contents of the public educational, training and university centres, as well as the private centres which obtain public funding.

The Public Administrations ' Internet pages should provide the user with information about their level of accessibility and provide a contact system so that they can transmit the difficulties of access to the content of the internet pages or to make any complaints, queries or suggestions for improvement. "

Twenty. Three new paragraphs, which shall become paragraphs 3, 4 and 5, shall be added to the fifth additional provision, with the following text:

" Three. Public administrations will promote awareness raising, education and accessibility training measures in order to promote the progressive incorporation of accessibility criteria by the holders of other websites.

Four. Non-compliance with the accessibility obligations set out in this Additional Provision shall be subject to the regime of existing infringements and penalties in respect of equal opportunities, non-discrimination and universal accessibility of persons with disabilities.

Five. The websites of undertakings providing services to the general public of particular economic importance, subject to the obligation laid down in Article 2 of Law 56/2007, for measures to promote the information society, they shall satisfy as from 31 December 2008 at least the average level of the accessibility criteria to the generally recognised content. Exceptionally, this obligation shall not apply where a functionality or service does not have a technological solution that allows its accessibility. "

Article 5. Amendments to Law 59/2003 of 19 December of electronic signatures.

Law 59/2003 of 19 December, electronic signature, is amended in the following aspects:

One. Article 3 (5) is reworded with the following text:

" 5. Information of any nature in electronic form is considered to be electronic, archived in an electronic medium according to a particular format and susceptible of identification and differentiated treatment.

Subject to the provisions of the preceding paragraph, in order for an electronic document to have the nature of a public document or an administrative document, it shall be complied with, respectively, with the provisions of (a) or (b) the following paragraph and, where applicable, the applicable specific rules. '

Two. New wording is given to Article 3 (8), with the following text:

" 8. The support in which the electronically signed data is found shall be admissible as documentary evidence in judgment. If the authenticity of the recognised electronic signature with which the data incorporated into the electronic document has been signed shall be contested, it shall be verified that it is an advanced electronic signature based on a recognised certificate, which meets all the requirements and conditions set out in this Act for this type of certificate, as well as the signature generated by a secure electronic signature creation device.

The burden of carrying out these checks shall be the responsibility of the person who presented the electronic document signed with a recognised electronic signature. If such checks result in a positive result, the authenticity of the recognised electronic signature with which the electronic document has been signed shall be presumed to be the costs, expenses and rights resulting from the verification only by the person who had formulated the challenge. If, in the court's judgment, the challenge was reckless, it could impose a fine of 120 to 600 euros.

If the authenticity of the advanced electronic signature is challenged, with which the data incorporated into the electronic document has been signed, it will be within the meaning of Article 326 (2) of the Law of Procedure. Civil. "

Three. Article 13 (2) and (3) are reworded with the following text:

" 2. In the case of recognised certificates of legal persons, certification service providers shall also verify the data relating to the constitution and legal personality and the extension and validity of the powers of representation. the applicant by means of the public documents which serve to prove the above mentioned ends and their registration in the relevant public register if it is so enforceable. This verification may also be carried out by consultation in the public register in which the documents of the constitution and the proxy are entered, and may use the telematic means provided by the said registers. public.

3. If the recognised certificates reflect a voluntary representation relationship, the certification service providers shall verify the data relating to the legal personality of the represented and to the extent and validity of the powers of the representative by means of the public documents which serve to prove the aforementioned ends in a feisty manner and their registration in the corresponding public register if it is so enforceable. This verification may also be carried out by means of consultation in the public register in which the data are entered, and may use the telematic means provided by the public registers.

If recognised certificates support other representation assumptions, certification service providers shall require the accreditation of the circumstances in which they are based, in the same manner as provided for in Article 2. previously.

When the recognised certificate contains other personal circumstances or attributes of the applicant, such as his or her status as the holder of a public office, his or her membership of a professional college or his or her degree, they shall checked by the official documents certifying them, in accordance with their specific rules. "

Four. New wording is given to Article 23 (5), with the following text:

" 5. The certification service provider shall not be liable for any damages caused to the signatory or third parties in good faith for the inaccuracy of the data contained in the electronic certificate if they have been credited to it by public document, registered in a public register if it is so enforceable. Where such data are to be entered in a public register, the certification service provider may, where appropriate, verify them in the register prior to the issue of the certificate and may use the telematic means. provided by the above public records. "

Five. Article 31 (4) is reworded, with the following text:

" 4. They constitute minor infractions:

Failure by certification service providers not to issue recognised certificates of the obligations set out in Article 18; and non-compliance by providers of certification services the other obligations laid down in this Law, where it does not constitute a serious or very serious infringement, with the exception of the obligations referred to in Article 30 (2). "

Six. An additional provision is added, with the following wording:

" Additional Disposition 11th. Conflict resolution.

Users and providers of certification services may subject the conflicts that arise in their relationships to arbitration.

When the user has the status of consumer or user, in the terms established by the consumer protection legislation, the provider and the user may submit their conflicts to the consumer arbitration, by means of the accession of those to the Competent Consumer Arbitration System. "

Article 6. Amendment of Law 7/1996, of 15 January, for the management of retail trade.

A new letter (i) is added to Article 64 of Law 7/1996, of 15 January, for the management of retail trade, with the following wording:

" (i) Breaches of the provisions of paragraph 1 (d) of Article 2 (1) shall be punishable in accordance with the provisions of the Organic Law 15/1999 of 13 December on the protection of personal data the sanctioning authority is responsible for the authority. "

Article 7. Amendments to Law 32/2003 of 3 November, General Telecommunications.

Law 32/2003 of 3 November, General Telecommunications, is amended in the following aspects:

One. Article 22 (1) (a) and (c) shall be amended as follows:

" a) That all end users can obtain a connection to the public telephone network from a fixed location and access the provision of the available telephone service to the public, provided their requests are considered reasonable in the terms that are regulated. The connection must provide the end user with the possibility to make and receive phone calls and allow fax and data communications at a sufficient speed to access the Internet in a functional way. However, the connection shall allow for broadband communications, in the terms defined by the current rules. "

" (c) There is a sufficient supply of public payment telephones, throughout the national territory, that reasonably meets the needs of end users, in geographical coverage, in the number of devices, accessibility of these telephones by users with disabilities and quality of services and, which can be made free of charge emergency calls from public telephones without having to use any form of payment, using the unique number Emergency calls 112 and other Spanish emergency numbers. In addition, in terms of the existing rules for universal service, there is a sufficient supply of broadband Internet access terminal equipment. "

Two. A new wording is inserted in Article 53 (l), which is worded as follows:

" (l) The serious or repeated non-compliance with public service obligations and the serious or repeated infringement of the rights of consumers and end users as set out in Title III of the Law and its rules for development, with the exception of those laid down in Article 38.3, the infringement of which shall be punishable in accordance with the provisions of paragraph (z) of this Article. "

Three. Article 54 (o) is worded as follows:

" (o) Failure to comply with public service obligations and the violation of the rights of consumers and end users, as set out in Title III of the Law and its implementing regulations, unless they are required be regarded as a very serious infringement, as provided for in the previous Article.

However, the violation of the rights established by Article 38.3 of this Law shall be punishable in accordance with the provisions of paragraph (r) of this Article. "

Four. Paragraph 7 of point 3 of Annex I is amended, which is read as follows:

" Public Administrations shall be exempt from the payment of this fee in the cases of radio public domain reservation for the provision of compulsory services of general interest solely for the purpose of the national defence, public security and emergencies, as well as any other mandatory services of general interest without direct or indirect economic counterpart, such as fees, public or private prices, or other income derived from such services provision, such as advertising revenue. To this end, they will have to request, in a substantiated manner, the exemption from the Ministry of Industry, Tourism and Trade. Furthermore, the downstream satellite broadcasting links, both sound and television, will not be subject to payment. '

Five. A new paragraph 5 is added under heading 4 "Telecommunications fees", of Annex I "Telecommunications fees", with the following wording:

" 5. Applicants for such authorisations who are 65 years of age in the year in which they make the application, or who have complied with them, shall be exempt from the payment of the processing fee for special use of radio-radio public domain. before, as well as the beneficiaries of a public pension or who are recognised as having a disability equal to or greater than 33 per 100. '

Article 8. Amendment of paragraphs 9 and 10 of the Additional Disposition sixth of Law 11/1998 of 24 April, General Telecommunications.

Paragraphs 9 and 10 of the sixth additional provision of Law 11/1998 of 24 April, General Telecommunications, which will be drawn up as follows:

" 9. The economic resources of the institution may be derived from any of the resources listed in Article 65 (1) of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State. Among the economic resources of the business public entity Red.es are included the proceeds from the proceeds of the public price for the registration operations concerning the names of Internet domain under the code of country corresponding to Spain '' .es '' regulated in the following paragraph.

10. Public prices by allocation, renewal, and other registry operations of domain names under the '' .es ''.

The pecuniary consideration that is satisfied by the assignment, renewal and other recorded transactions made by the business public entity Red.es in the exercise of its function as the Authority of Assignment of the names of Internet domain under the country code corresponding to Spain will have the public price consideration.

Red.es, after authorization from the Ministry of Industry, Tourism and Trade, will establish by means of the corresponding Instruction, the rates of the public prices for the allocation, renewal and other operations of registration of the domain names under the '' .es ''. The proposal for the establishment or amendment of the amount of public prices shall be accompanied, in accordance with the provisions of Article 26 of Law 8/1989 of 13 April, which regulates the Legal Regime of Public Fees and Prices, of a economic-financial memory to justify the amount of the same as proposed and the degree of financial coverage of the corresponding costs.

The management of the public prices referred to in this paragraph corresponds to the business public entity Red.es that will determine the procedure for its liquidation and payment through the Instruction mentioned in the the preceding paragraph in which the models of declaration, time limits and forms of payment shall be established.

The business public entity Red.es may require the advance or prior deposit of the total or partial amount of public prices for the registration operations relating to domain names '' .es ''. "

Additional disposition first. Use of characters from the official languages of Spain in the ". is".

The allocation authority for Internet domain names under the country code for Spain (". is") take the necessary measures to ensure that domain names containing characters of the official languages of Spain other than those included in the English alphabet can be assigned within a maximum period of 3 months from the date of entry into force of this Act.

Prior to the need for multi-lingual character recognition mechanisms to be available for domain name assignment under country code ". is", the allocation authority will advertise the possibility to request domain names that contain such characters and will provide sufficient time for a tiered record for them. In this tiered registry preference will be given to requests for domain names with multilingual characters that are equivalent to domain names under the country code ". is previously assigned, in terms determined by the allocation authority.

Additional provision second. Extension of broadband access services.

The government, in collaboration with the Autonomous Communities, will promote the extension of broadband in order to achieve, by 31 December 2008, universal service coverage for broadband connection, for all citizens, regardless of the type of technology used in each case and their geographical location.

The government will continuously and continuously analyze the different technological options and the conditions for providing broadband Internet access services for all citizens and businesses in Spain. In particular, it will collaborate with the different relevant stakeholders, in order to advise the Government in the elaboration of an annual report on the situation of the use of broadband Internet access services in Spain. This report shall be of a public nature and may draw up recommendations to accelerate the deployment of such services.

For the purposes of carrying out the analyses and reports referred to in the preceding paragraphs, the Ministry of Industry, Tourism and Trade may carry out the general or particularized information requirements necessary to the terms provided for in the fifth additional provision of this Act.

The above analysis and reports should be done territorially by Autonomous Communities and the data will be shared in electronic format with the Administrations that request it.

Additional provision third. Plan to improve security and trust levels on the Internet.

The government will, within six months, draw up a technologically neutral plan for improving security and confidence levels on the Internet, which will include guidelines and measures to increase security against threats. of the Internet and protect online privacy. This plan will be reviewed periodically in order to respond to the evolving threat scenario.

Additional provision fourth. Information requirements for statistical and analysis purposes.

1. The Secretariat of State of Telecommunications and the Information Society, and the statistical bodies of the Autonomous Communities with competence in the field of statistics, may require the manufacturers of products and suppliers of services related to Information Technologies, the Information Society, digital content and digital entertainment, the information necessary for the exercise of their functions for statistical and analytical purposes.

The Secretariat of State of Telecommunications and the Information Society may issue circulars to be published in the Official Gazette of the State, in which the information will be given in detail and in concrete form. content of the information to be requested, specifying in a justified manner the function for which such information is required and the intended use of such information.

Notwithstanding the foregoing paragraph, the Ministry of Industry, Tourism and Commerce may in any case carry out specific information requirements without the need for a circular to be issued in advance. general character.

The Secretariat of State of Telecommunications and the Information Society may carry out the inspections it deems necessary in order to confirm the veracity of the information that in compliance with the aforementioned requirements are provided to you.

The data and information obtained by the Secretariat of State of Telecommunications and the Information Society in the performance of its functions, which are confidential because they are protected by the Commercial, industrial or statistical confidentiality may only be transferred to the General Administration of the State and the Autonomous Communities in the field of their powers. The staff of such Public Administrations who are aware of such data shall be obliged to maintain the due secrecy and secrecy with respect to such data.

The entities which must supply such data and information may, in a justified manner, indicate which part of them they consider to be of commercial or industrial importance, the dissemination of which could be detrimental to them, is declared to be confidential in respect of any persons or entities other than the Secretary of State for Telecommunications and the Information Society, the General Administration of the State or the Autonomous Communities, the appropriate justification. The Secretary of State for Telecommunications and the Information Society shall decide, on a reasoned basis, on information which, under the law in force, is exempt from commercial or industrial secrecy and on the basis of the information provided by the confidentiality.

2. They are breaches of the obligation to comply with the information requirements set out in the previous paragraph, the conduct that is typified in the following paragraphs.

The infringements set out in this additional provision shall be without prejudice to the civil, criminal or other responsibilities in which the holders of the entities carrying out the duties may be liable. activities to which they relate.

3. The administrative offences listed in the following paragraphs are classified as very serious, serious and minor.

4. These are very serious violations:

(a) The repeated refusal to provide the Secretariat of State of Telecommunications and the Information Society with the information to be claimed in accordance with the provisions of this Law.

b) Intentionally facilitating the State Secretariat of Telecommunications and the Information Society with false data.

5. These are serious violations:

The refusal expresses the information to be made available to the Secretariat of State of Telecommunications and to the Information Society in accordance with the provisions of this Law.

6. They are minor infractions:

Not to provide the Secretariat of State for Telecommunications and the Information Society with the required data or to unreasonably delay its contribution when it becomes enforceable.

7. For the commission of the offences referred to in the preceding paragraphs, the following penalties shall be imposed:

(a) For the commission of very serious infringements listed in paragraph 4, fine from EUR 25,000 to EUR 50,000.

(b) For the commission of serious infringements as defined in paragraph 5, fine from EUR 5,000 to EUR 25,000.

(c) For the commission of minor infractions typified in paragraph 6, fine of up to 5,000 euros.

In any event, the amount of the penalty imposed, within the limits indicated, will be graduated taking into account, in addition to the provisions of article 131.3 of Law 30/1992, of November 26, of the Legal Regime of the Public administrations and the Common Administrative Procedure, the following:

a) The severity of the violations previously committed by the subject to which it is sanctioned.

b) The social impact of the infringements.

c) The benefit that has been reported to the offender by the fact that the infringement was committed.

d) The damage caused.

The sanctions imposed for very serious violations may be published in the "Official State Gazette" once the sanction resolution has a firm character.

8. The competition for the imposition of very serious sanctions will be the responsibility of the Minister of Industry, Tourism and Trade and the imposition of serious and minor sanctions on the Secretary of State for Telecommunications and the Information Society.

The exercise of the sanctioning power shall be subject to the procedure applicable, in general, to the action of the Public Administrations.

9. The public statistics compiled by the Secretariat of State for Telecommunications and the Information Society concerning natural persons shall provide their data disaggregated by sex, whereas other variables should be considered as appropriate. sex-related to facilitate gender impact assessment and improvement in the effectiveness of the principle of equality between women and men.

10. If the information collected in the exercise of the functions set out in this additional provision contains personal data, the provisions of the Organic Law 15/1999 of 13 December on data protection shall apply. of a personal nature and in its development regulations.

Additional provision fifth. Channelings for the deployment of electronic communications networks on roads and railway infrastructure of state competence.

1. Projects for the construction of new roads or new railway lines which are to be part of the networks of general interest must, in accordance with the rules laid down in the regulations, provide for the installation of channels of general interest. that allow the deployment along the same electronic communications networks. Such channels shall be made available to operators of electronic communications networks and services concerned on a level playing field, non-discriminatory, cost-neutral and cost-oriented.

Access conditions will be negotiated by mutual agreement between the parties. In the absence of agreement, these conditions will be established by resolution of the Telecommunications Market Commission.

Under the same conditions, provision should also be made for the facilitation of installations to ensure the coverage of mobile communications throughout the journey, including land for the installation of base stations, spaces for the installation of the radiating repeaters or devices necessary to ensure coverage in tunnels and access to electrical energy sources.

2. Without prejudice to the notification referred to in Article 6 of Law 32/2003 of 3 November, General Telecommunications, the public bodies responsible for the administration of roads and railway lines of competition State and state companies entrusted with their exploitation may exploit the channels or establish and exploit the telecommunications networks which run through the transport infrastructure in the terms envisaged in the The aforementioned General Law of Telecommunications, guaranteeing the access of the remaining public and private operators under equal conditions and neutrality.

3. The Ministers for Development and Industry, Tourism and Trade shall jointly develop, within a period of not more than six months, the provisions of this provision and shall determine the circumstances in which, depending on the route, the dimension and the other specific circumstances of the new roads or of the new railway lines, the construction works projects shall provide for the channelings or installations referred to in the first paragraph.

Additional provision sixth. Database on information society services and electronic communications services in Spain.

In order to improve the design, implementation and monitoring of information society policies, the Ministry of Industry, Tourism and Trade will develop a database in collaboration with the Autonomous Communities. updated on the services of the information society and electronic communications services in Spain. This database will be sectorized as a minimum by territorial areas of Autonomous Community and the data will be shared with the Administrations that request it.

For the purposes of the foregoing paragraph, the Ministry of Industry, Tourism and Commerce may carry out the general or particularized information requirements necessary in the terms provided for in the The fifth additional provision of this Law.

The content and scope of the database referred to in the first paragraph of this additional provision shall be regulated by Order of the Minister of Industry, Tourism and Trade.

With regard to information society services relating to electronic administration, it will be up to the Ministry of Public Administrations, in collaboration with the Ministry of Industry, Tourism and Trade and with Autonomous Communities, regulation, elaboration and maintenance of the corresponding catalogue.

Additional provision seventh. State Radiocommunications Agency.

New wording is given to Article 47 (13) of Law 32/2003 of 3 November, General Telecommunications, which is worded as follows:

" The effective constitution of the Agency will take place at the moment and with the deadlines specified by the Royal Decree of approval of its Statute. The actual decree will determine the bodies and departments in which the Agency will be structured. "

Additional disposition octave. Headquarters of the Telecommunications Market Commission.

Article 48 (13) of Law 32/2003 of 3 November, General Telecommunications, is amended, which is worded as follows:

" 13. The Commission shall have its headquarters in Barcelona and shall have its own heritage, independent of the State's assets. '

Additional provision ninth. Amendment of Law 2/1995, of March 23, of Limited Liability Societies.

A new final disposition is entered, with the following wording:

" Final Disposition Third. Exchange of social names, indicative statutes and reduced registration period.

1. The Government is authorized to regulate a Stock Exchange of Social Denominations with reservation.

2. An indicative model of statutes for the limited liability company may be approved by the Order of the Minister of Justice.

3. If the deed of incorporation of a limited liability company has in full the indicative statutes referred to in the preceding paragraph, and no contributions shall be made, the commercial registrar shall register within the maximum period of forty-eight hours, unless the Tax on Proprietary Transmissions and Legal Acts Documented in the terms laid down in the regulatory regulations of the same period has not been satisfied. "

Additional provision 10th. Amendment of the recast text of the Law on Companies, approved by Royal Decree 1564/1989 of 22 December 1989.

The second paragraph of Article 15 of the recast text of the Law on Companies, approved by Royal Decree-Law 1564/1989 of 22 December 1989, is amended with the following text:

" However, if the start date of the social operations coincides with the date of grant of the founding deed, and unless the social statutes or the writing provide otherwise, the administrators shall be deemed to be they are empowered for the full development of the social object and for carrying out all kinds of acts and contracts, of which the training company and the partners will respond in the terms that have been indicated. '

Additional provision eleventh. Access of persons with disabilities to Information Society technologies.

Public Administrations, in the field of their respective competencies, will promote the drive, development and application of accessibility standards for people with disabilities and design for all, in all the elements and processes based on the new technologies of the Information Society.

Additional disposition twelfth. Official Languages.

Public Administrations should promote linguistic pluralism in the use of new information society technologies, in particular in the areas where they exist in their own languages.

Additional disposition thirteenth. Regulation of telematic instruments used by professionals who develop projects and reports incorporated in procedures dealt with by the Administrations.

Public Administrations will regulate the telematic instruments needed to be used by duly collegiate professionals to develop and prepare projects and reports that must be incorporated in the procedures to be carried out by administrative bodies.

Additional disposition fourteenth. Technology transfer to society.

The National Reference Centre for the Application of Information and Communication Technologies (CENATIC), in collaboration with the regional centres of reference and the Technology Transfer Centre between Administrations Public of the General Administration of the State, will be responsible for putting in value and dissemination among private entities and the general public, of all those applications that are declared from sources open by the public administrations, making development authors or communities reach any improvement or contribution be performed on the same.

The CENATIC will also be responsible for general advice on the legal, technological and methodological aspects that are best suited to the release of software and knowledge.

Additional provision 15th. Promotion of citizen participation in the information society.

In order to promote the presence of citizens and private entities without profit and to guarantee pluralism, freedom of expression and citizen participation in the information society, they will be established means of support and lines of financing for the development of services of the information society without profit, which, promoted by citizens ' entities, promote democratic values and citizen participation, tend to the interest They provide services to disadvantaged communities and social groups.

Additional provision sixteenth. Digital content of public ownership for its making available to society.

Provided that by its nature it does not prejudice the normal functioning of the Administration, nor does it affect the public interest or the general interest, the digital or digitized contents of the Public Administrations, whose intellectual property rights belong to it without restrictions or are in the public domain, will be made available to the public, in the legally established terms, in a telematic form without technological restrictions, for their use consisting of the study, copy or redistribution, provided that the works used according to the above quote the author and be distributed on the same terms.

Additional 17th disposition. Transfer of contents for the making available to the company.

Natural or legal persons may transfer their operating rights to works so that a digitised copy of the works can be made available to the public in a telematic manner, without technological restrictions or methodological, and free to be used for any purpose, studied, copied, modified and redistributed, provided that the derivative works are distributed on the same terms.

18th additional disposition. Non-profit proximity television.

1. The Ministry of Industry, Tourism and Trade, through the Secretariat of State of Telecommunications and the Information Society, through Resolution of the Secretary of State, will plan frequencies for the indirect management of the service Local television of proximity by non-profit entities that will be qualified to issue under the Transitional Provision First of Law 41/1995, of December 22, of Local Television by Land Waves, always the frequency is available for this purpose.

They have the consideration of television broadcasting services of proximity to those without commercial purpose that, using the frequencies that because of their use for upcoming services are not available for broadcast services Commercially viable television channels are aimed at communities in the interests of cultural, educational, ethnic or social interest.

The broadcast channel will always be open. Their programming shall consist of original content linked to the area and community to which they are intended and may not include advertising or teleshopping, but the sponsorship of their programmes shall be supported.

The entity responsible for the local local television service shall not be directly or indirectly incumbent on any television concession of any coverage granted by the appropriate Administration.

2. It is for the Government to adopt the general regulation on the provision of the service, as a basic rule, and the technical regulation laying down the procedure for the planning of frequencies for broadcasting services. of proximity television, taking into account the needs of coverage, population and characteristics of this service, inter alia.

This Regulation shall lay down the technical conditions to be met by the frequencies for these services, the maximum extent of the service area, the specific determination of the emission powers, the characteristics and shared use of the multiplex allocated for the provision of the service and the procedure by which the Autonomous Communities will request the frequency reserve for these services, as well as the allocation procedure by the Agency State of Radiocommunications.

Spectrum planning for proximity television will not be a priority for other planned or planned services.

3. The provisions of Law 25/1994 of 12 July, incorporating Directive 89 /552/EEC on the coordination of laws, regulations and administrative provisions of the European Parliament and of the Council of 12 July 1994 on the coordination of laws, regulations and administrative provisions the Member States relating to the pursuit of television broadcasting activities and the provisions of Articles 1, 2, 6, 2 and 3 of Article 9, 10, 11, 15, 18, 20, 21, 22 and 4 of the second transitional provision of the Law 41/1995, of December 22, of Local Television by Land Waves. Likewise, the provisions of the Additional 330th of Law 62/2003, of December 30, of fiscal, administrative and social order measures will apply to them.

4. The Autonomous Communities shall award the relevant concessions for the provision of proximity television services, in accordance with the general rules governing the provision of the service and its rules.

5. Concessions for the provision of radio and television broadcasting services of proximity shall be granted for a period of five years and may be renewed for up to three times, provided that their activity does not prejudice the reception of services. Legally-enabled broadcast to match your coverage zone in whole or in part.

These concessions force the direct exploitation of the service and will be non-transferable.

6. The concessions for the provision of television services of proximity will be extinguished, in addition to some of the general causes provided for in article 15 of Law 41/1995, of December 22, of Local Television by Land Waves, by extinction of the legal personality of the holder and of his revocation.

7. The use of the same for the dissemination of commercial services and the modification of the conditions for the planning of the radio spectrum without an alternative frequency shall be the cause of revocation of the concession.

Additional 19th disposition. Amendment of Law 22/2007 of 11 July 2007 on the distance marketing of financial services for consumers and of Law 36/2007 of 16 November amending Law No 13/1985 of 25 May 1985 on the investment, own resources and reporting obligations of financial intermediaries and other rules of the financial system.

1. Point (b) of the Repeal Provision of Law 22/2007 of 11 July 2007 on the distance marketing of financial services intended for consumers is amended to read as follows:

"(b) The second subparagraph of Article 83.a (1) (a) of Law 50/1980 of 8 October of Insurance Contract."

2. Paragraphs 2, 3 and 4 of the first transitional provision of Law 36/2007 of 16 November amending Law No 13/1985 of 25 May 1985 on investment coefficients, own resources and information obligations of the Member States of the European Union are hereby amended. financial intermediaries and other financial system rules, which will have the following wording:

" 2. During the first and second period of 12 months after 31 December 2007, credit institutions or the consolidable groups of credit institutions using the internal methods of operational risk measurement shall maintain resources. own which shall be at all times equal to or greater than the amounts referred to in paragraphs 3 and 4.

3. For the first 12-month period provided for in paragraph 1 and in paragraph 2, the amount of own resources shall be 90% of the total amount of the minimum own resources which would be required by the institution or group to maintain the Regulation in force at 31 December 2007.

4. For the second 12-month period referred to in paragraph 1 and in paragraph 2, the amount of own resources shall be 80% of the total amount of the minimum own resources which would be required by the institution or group to maintain the Regulation in force at 31 December 2007. '

320th additional disposition. Regulation of the game.

The government will present a bill to regulate gambling and gambling activities, in particular those carried out through interactive systems based on electronic communications, which will address the following principles:

1. To ensure the compatibility of the new regulation with the rules applicable to other areas linked to the provision of such services, and in particular to the rules for the protection of minors, youth, groups in particular sensitive users as well as consumers in general, in addition to the scope of protection of personal data and services of the Information Society.

2. To establish a regulation on the exploitation of gaming activities by interactive systems in accordance with the rules and general principles of Community law.

3. To articulate a system of control over gambling services and betting on interactive systems that ensures fully secure and equitable market conditions for operators of such systems as well as adequate levels of protection of users. In particular, it shall regulate the activity of those operators who already have an authorisation for the submission of the said services provided by the authorities of any of the Member States of the European Union.

4. To establish a system of taxation on gambling services and betting on interactive systems, taking into account the origin of transactions under taxation. The regulation should also provide for a system of distribution of taxation obtained as a result of the exploitation of gambling services and betting by electronic means in Spain between the State Administration and the Communities. Autonomous, taking into account the fiscal specificity of the foral regimes.

5. Gambling and gambling activities through interactive electronic communications systems may be exercised only by those operators authorised to do so by the competent Public Administration, by granting a authorisation after compliance with the conditions and requirements to be established. Those who do not have this authorization will not be able to carry out any activity related to the interactive games and bets. In particular, the necessary measures will be put in place to prevent advertising by any means as well as the prohibition of using any means of payment existing in Spain. In addition, the enforcement of gambling and gambling activities through interactive systems without the relevant authorisation shall be sanctioned in accordance with the law of repression of smuggling.

6. Competition for the management of gaming and betting activities carried out through interactive systems shall be the responsibility of the General Administration of the State where its scope is the whole of the national territory or covers more than one Autonomous Community.

Single transient arrangement. Transitional arrangements concerning the charges applicable for the allocation, renewal and other registration of the domain names under the '. is'.

Until they are fixed, in accordance with Article 8 of this Law, the public prices applicable for the assignment, renewal and other transactions of the domain names under the ". is" the corresponding fees are applied in accordance with the laws and regulations of development in force prior to the entry into force of this Law.

Final disposition first. Constitutional foundation.

1. The following precepts of this Law have the character of basic legislation:

(a) Article 1 (2), (3) and (5) and Articles 2 and 6, which are given in accordance with the provisions of Article 149.1 (13) of the Constitution.

(b) Article 1 (1) and (4), the additional twelfth provision and the additional provision of thirteenth, which are issued under the provisions of Article 149.1.18. of the Constitution.

(c) The additional eleventh provision, which is issued under the provisions of Article 149.1.1. and 18. of the Constitution.

(d) The additional 15th provision, which is issued under the provisions of Article 149.1.1. of the Constitution.

2. Articles 3, 4 and 5 of this Law are given in accordance with the provisions of Article 149.1. 6. the 8th and 21st of the Constitution, without prejudice to the powers of the Autonomous Communities.

3. Articles 7 and 8 and the additional first, second, third, fourth, fifth, sixth, seventh, eighth and 14th of this Act are given in accordance with the provisions of Article 149.1.21. of the Constitution.

4. The ninth and tenth additional provisions of this Law are dictated by the provisions of Article 149.1.6. and 8. of the Constitution.

5. The additional sixteenth and seventeenth provisions of this Law are dictated by the provisions of Article 149.1.9. of the Constitution.

Final disposition second. Amendment of laws incorporating Community law.

By this Law, Law 34/2002, of 11 July, of Services of the Information Society and Electronic Commerce and Law 59/2003, of 19 December, of Electronic Signature that incorporated the law is amended. Directive 2000 /31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the internal market, and the Directive 1999 /93/EC of the European Parliament and of the Council of 13 December 1999 establishing a framework Community for electronic signature.

Final disposition third. Enabling the Government.

The Government is enabled to develop by Regulation as foreseen in this Law, in the field of its competences.

Final disposition fourth. Entry into force.

This Law will enter into force the day after its publication in the Official State Gazette.

However, the obligations contained in the new article 12a of Law 34/2002, of July 11, of Services of the Information Society and Electronic Commerce will enter into force within three months of the publication of the Law in the Official Gazette of the State, and Articles 2 and 6 of this Law shall enter into force 12 months after the publication of the Law in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities to keep and keep this law.

Madrid, December 28, 2007.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO