Approval of the General Communications Bill and Reform of the Information Society Services Law in relation to cookies
On Friday, September 13, 2013, the Cabinet green-lit the draft of the new General Telecommunications Law (“LGTEL”), which also sets out proposals to amend other key pieces of legislation in the area of the information society and e-commerce as well as electronic signatures.
The LGTEL Bill seeks to bring the existing legislation, in force since 2003, into line with the latest breakthroughs in the Spanish telecommunications industry, setting in place a framework of incentives for investment to facilitate the roll-out of new generation networks and enhancing the protection of end users.
The key modifications ushered in by the Bill seek: (i) to boost competition and improve services for end users, (ii) to recover market unity and standardize legislative criteria, (iii) to streamline administrative proceedings and (iv) to facilitate the roll-out of networks.
Furthermore, if ultimately rubber-stamped, the LGTEL Bill would amend Information Society and E-Commerce Services Law 34/2002, of July 11, 2002 (“LSSI”) as regards the regime governing cookies, in order to clarify the relevant obligations and identify those tasked with managing obligations in relation to cookies. Similarly, if approved, the Bill would also amend Electronic Signature Law 59/2003, of December 19, 2003, extending the term (from 2 to 5 years) of the recognized certificates used as the electronic national identity card.
Following its approval by the Cabinet, the LGTEL Bill has been sent to Parliament to be processed.