Having a digital presence is essential for any business, but attention is rarely paid to a key issue: the language in which the legal and commercial information should be displayed on a website or app. Although this is often overlooked, it can have major legal implications, especially if the services are provided to consumers within the Spanish market or in the European Union.
Why is the language of your website or app important?
When Spanish companies design or create their digital platforms, they tend to focus on aspects such as the content they should display and how to optimise keywords to improve their online positioning. However, one of the major decisions that is often overlooked is the language in which the content should be displayed.
This is even more relevant if the website or app aims to provide services at international level. In such cases, it is common to use English as the main language in order to reach a global audience. Nevertheless, it is essential to remember that, although the language chosen is crucial for attracting clients, it must also comply with a number of legal regulations that must be considered, depending on the specific markets targeted by the company.
What do we mean by an online platform?
The term website, app or platform refers to an online solution where companies or professionals display their services and, depending on the nature of what they offer, generate an economic return. This includes everything from product sales to corporate promotion and personal blogs that generate revenues.
It is not necessary to carry out e-commerce to be subject to the legal regulations stated below nor comply with the language obligation.
Regulations applicable to online platforms
All online platforms must comply with various regulations, depending on their characteristics and activities. The main regulations to be considered include the following:
1. Data protection (Spanish Act on Personal Data Protection and Digital Rights Guarantee)
- Applicable to any platform that collects personal data, including through a simple contact form.
- Requires implementing an appropriate Privacy Policy.
2. E-commerce (Spanish Act on Information Society and Electronic Commerce Services)
- Regulates commercial activities carried out online.
- Includes obligations regarding information, electronic contracts and commercial communications.
3. Consumer and user protection (Spanish Act on Consumer and User Protection)
- Mandatory when providing online services to consumers (end users or natural persons).
- Regulates the marketing of products and services to ensure user protection.
4. Specific regulations for large platforms
- Large platforms must comply with:
- These more recent regulations set out specific rules on competition, transparency and digital accountability.
What language should legal texts be in?
Beyond the above obligations, it is necessary to take into account the language in which the terms and conditions or legal texts must be in.
Directive 2011/83/EU of the European Parliament on consumer rights empowers member states to introduce new language requirements in their national legislation in relation to the contractual information to be provided to consumers.
In that sense, article 18 of the Spanish Act on Consumer and User Protection states that, unless there is a legal or regulatory exemption, the goods and/or services marketed in Spain must be displayed at least in Spanish as the state’s official language.
Therefore, businesses, entrepreneurs and professionals providing an online service in Spain must have the legal texts (legal notice, privacy policy, cookie policy, and terms and conditions of a contract or sale, as applicable) at least in Spanish. If they then want to make them available in other languages, this is also possible. Nevertheless, Spanish is always a must.
Coincidences between the Spanish Acts on Consumer and User Protection and on Information Society and Electronic Commerce Services
Both regulations establish, inter alia, that:
- The contractual conditions applicable to the service must be clearly stated, depending on the type of website or platform.
- It must be clear who is behind the website, i.e. which company or professional is providing the services, including a detailed description of the services and their prices.
What penalties apply for non-compliance?
If there is a breach of the e-commerce regulations, the penalties range from €30,000 to €600,000, depending on the infringement, and may include a ban on operating in Spain, depending on the violation and if the breach is repeated.
If there is a breach of the consumer and user protection regulations, the penalties range from €150 and €1,000,000, depending on the type of infringement, as well as other parameters that help determine the amount (intentionality, unlawful profit, disproportionality of the damage, benefits obtained by the infringement, etc.).
We must not overlook other regulations applicable to these types of platforms such as data protection regulations which, although they do not affect languages, do affect the processing of data, establishing penalties ranging from 2% to 4% of revenues.
What about the language of the contract with the client?
Although the website must be displayed in Spanish, the contract may be formalised in the language agreed by the parties.
According to article 27 of the Spanish Act on Information Society and Electronic Commerce Services, before initiating the contract, the service provider (i.e. the company or professional owning the website) must inform about the following:
- The various procedures that must be followed in order to arrange the contract.
- Whether the provider will file the electronic document in which the contract is formalised and whether it will be accessible.
- The technical means it makes available to the consumers or users to identify data entry errors.
- The language(s) in which the contract may be formalised.
New EU obligations on language and clarity of information online
As a result of advances in society and technology, the European Union has fostered new initiatives for regulating online marketing, focusing on user or consumer protection criteria and transparency aspects when providing products or services online.
Consequently, requirements have been added on how information should be displayed on a website. In general, all the information should be understandable and comprehensible, including, in this case, language as an essential aspect.
For example, articles 11 and 14 of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a single market for digital services establishes the obligation for large online platforms and search engines to have their terms and conditions in all official languages in all the EU member states where they provide their services.
Therefore, we must not only take into account the language in which we show and promote our services on the website, but also how we do it, with what style, wording, if we do it in a clear and transparent way or even if the language is focused on the type of consumer targeted by the website.Conclusion
Complying with the regulations on the language in which legal texts must be written on a website is not only a legal obligation, but also a way of offering guarantees to clients and projecting an image of trust, security and transparency.
Technology, Media and Telecommunications (TMT) area of AGM Abogados provides advice to companies and professionals so that their digital platforms comply with the current legal obligations, both at Spanish and European level.
Do you have any doubts about your website or app? Contact AGM Abogados.
