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www.tusconsultoreslegales.com info@tusconsultoreslegales.com LEGAL AND BUSINESS ASPECTS ON THE CREATION OF AN INTERNET PROJECT PRESENTED BY: CRISTINA VILLAVICENCIO BARCELONA, SPAIN

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www.tusconsultoreslegales.com info@tusconsultoreslegales.com 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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www.tusconsultoreslegales.com info@tusconsultoreslegales.com IN 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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www.tusconsultoreslegales.com info@tusconsultoreslegales.com 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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www.tusconsultoreslegales.com info@tusconsultoreslegales.com IS 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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www.tusconsultoreslegales.com info@tusconsultoreslegales.com 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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www.tusconsultoreslegales.com info@tusconsultoreslegales.com 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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www.tusconsultoreslegales.com info@tusconsultoreslegales.com Thanks for your interest cristina@tusconsultoreslegales.com If you want more information: www.tusconsultoreslegales.com/servicios www.tusconsultoreslegales.com If you want to contact us, please send an email: