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LEGAL AND BUSINESS ASPECTS ON THE CREATION OF AN INTERNET PROJECT
PRESENTED BY: CRISTINA VILLAVICENCIO BARCELONA, SPAIN
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WHICH ARE THE GOALS WHEN CREATING A PROJECT Is there any business
line that has been discarded? AND AS A CONSEQUENCE OF THIS Is it
necessary to set up a new product or service business line? OR MAY
BE to reinforce one business line? OR to readjust to local demand?
OR just to start up a new business line product? May be it is
necessary to start up an online BUSINESS PROJECT
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THE DESIGN OF THE PROJECT: To select the business model connected
to the business strategy: (Sale of accessories, pay for content
online, retail distribution) To focus the users attention to the
main goal of the business model when designing the page (Sell,
download, information..) To assure that the differential value is
clearly identified, visible at a first sight and how this value is
going to be developed (Delivery commitments?, Custom-built
projects? etc)
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SOME LEGAL QUESTIONS TO TAKE INTO ACCOUNT OFFER Is the offer showed
in accordance with the online terms and conditions? CONSENTHas a
system been designed to demonstrate that the potential customers
consent has been granted? (Data Protection Act) PURPORSESTo use the
customers personal data according to their consent (Provide
services or information that the customers have consented.)
FILESWhen a data base or a file is being or going to be created is
it registered at the Spanish Data Protection Agency?
INTANGIBLESValue and Protect them according to Intellectual
Property Law or Licensing
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E-COMMERCE INCLUDED IN THE PROJECT? SERVICEThe services and the
prices have to be clearly identified PRODUCT WARRANTIESWhich are
those warranties? Does the user know them? LIMITATION OF
LIABILITIESEstablish them for electronic commerce (Terms and
conditions) TERMS AND CONDITIONSAre they visible? Is data going to
be shared by other companies? USERS RIGHTSAccess, Correction,
Cancellation and Opposition TAXESVAT-IVA (Spanish tax). According
to territory
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SOME ASPECTS THAT HAVE TO BE INCLUDED? INTELLECTUAL
PROPERTYProtection of intangibles/VALUE DATA PROTECTION USERS
RIGHTS Data protection clauses, which data are required and what
for? E-COMMERCE SPANISH LAWIdentification data of the company
Minors protection. Advertising Are we going to use the information
included in cookies? LIMITATION OF LIABILITY Are sales going to be
international?
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Copying and pasting the terms and conditions from similar companies
Not considering the key aspects that similar companies
(competitors) have taken into account Not clearly show the terms
and the warranties of products or services Not including limitation
of liabilities (Terms and Conditions) Not answering properly the
users data protection rights (Terms and Conditions) Not having
protected intangibles /value and therefore not having evaluated the
impact on business
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Thanks for your interest cristina@tusconsultoreslegales.com If you
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