Legal aspects to consider in your online marketing strategy

online marketing strategy
online marketing strategy

From the moment you launch a new brand on the Internet through any digital channel or format, you have the obligation to respond to the management of rights and obligations. Obligations and legal aspects that you take both with users and with suppliers or project participants.

There are many companies that, when creating their website or developing an online project, are unaware of the legal aspects that they must comply with, which can be the worst of all mistakes. There are certain strict rules that regulate online activities, and they are really important to create a problem-free strategy in the long term.

Laws affecting online marketing

All companies that operate through the Internet must respect the legislation corresponding to their sector and those related to the management of public information.

The laws that directly affect digital marketing are distance selling, data protection, electronic contracting conditions, certain conditions that you can apply to the different promotions and raffles and also the conditions related to digital signatures. .

These are the laws that you must take into account before implementing your digital marketing strategies, since the use of these tools gives rise to responsibilities when engaging in any type of electronic communication:


The Organic Law on Data Protection and the new General Regulations (in force since May 25, 2018), are responsible for guaranteeing individual rights related to personal information.

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When a user deposits them on your website, you must respect the purpose for which they have been obtained, informing the user in detail of the rights they have over them.


The Electronic Commerce and Information Society Services Law includes a multitude of concepts. It is applicable from the first moment an electronic communication is made and is aimed at protecting consumers, avoiding certain abuses when a website has a commercial purpose.

Retail Trade Regulation Law

If within your digital strategies, you contemplate online sales, the conditions to start it and start it up are very similar to those required in a traditional physical store.

With regard to these traditional stores and the fundamental differences compared to an online store, the law that governs the Retail Trade Regulation only exempts this new business format from requesting an opening permit.

Legal aspects to take into account on the Internet

Information from a legal point of view is, without a doubt, a crucial point. For this reason, the legal-based regulations that are intended to direct the rules of digital marketing are focused on it.

Your users must be duly informed and perceive this documentation as an element of transparency and great value.

Any type of legal notice that you include on your website must be clear and simple, to facilitate the user’s understanding.

Web page

When creating a website you must consider the legal notice, the legal information, the use of cookies and the legal terms and conditions.

  • The law that regulates the website requires its own page by virtue of what is established in the LSSI, and must establish the content that will appear on any type of website.
  • The user must be able to access the legal notice with a simple click, which includes the terms of use of the website.
  • Cookies are notified each time the user accesses your website.
  • Finally, the legal terms and conditions, which are not mandatory but are sometimes of interest
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Online store

On a website that is an electronic commerce, it is essential that data appear such as company name, address, email, registration data in the commercial registry, the administrative authorization that is needed, tax identification number, clear information about the price of the service or product, shipping costs and codes of conduct that you would accept.

Social networks

They are a fundamental element in the communication strategy of a company. To manage this area properly it is necessary to:

  • That the email accounts linked to social media belong to the company and not to a worker.
  • Document the contract with the community manager in writing.
  • Do not violate copyright when dealing with content.
  • Knowing that publishing slander or insults is a crime that is not protected under the umbrella of freedom of expression.

email marketing

Before carrying out a promotion and communication campaign through email marketing, it is necessary to know the adequacy of the LOPD, register the files with the Spanish Agency for Data Protection and make sure that the servers with which you are going to carry out the campaign are adequate. to this law.

Do not carry out any type of campaign unless you have the express consent of the users to do so, inform them if the content will be purely advertising, establish a system for automatically unsubscribing from these emails and do not carry out campaigns through robots, since It is illegal.

Lead capture

It is the most critical part of online marketing strategies, since users give sensitive personal information to a company in exchange for a consideration.

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The data that must be made available to users are the company name or natural or legal person in charge of collecting the data, for what purpose they are requested or if they are going to be transferred to third parties. You must also provide the possibility of accessing a rectification, cancellation and opposition of the data provided.


Some of the aspects that cause the most fears and doubts are those laws that affect strategic email marketing campaigns, although both the LSSI and the LOPD are relatively simple.