Es una tónica habitual de hoy en día el ver a los restaurants use the benefits of digital marketing to promote your business. Having a website where you can get reservations, use discount vouchers to get emails from customers, send them offers and promotions, hacer uso de “cookies” to pursue with our ads to our customers, carrying out actions of social media, etc,…
Are you a restaurant and use these digital marketing tools? That's great, but I am a lawyer and my job is to inform, at least basically, from the critical points that you must meet to avoid problems. Internet is a free medium, world, flexible, but despite this, and although not enough, there are rules that regulate.
Use for promote our restaurant entails respect at least these regulations:
- Organic Law 15/1999, Protection of Personal Data (LOPD), although in two years will change due to the newly adopted European data protection rules.
- Law 34/2002, Law Society Services Information and Electronic Commerce (LSSICE); Royal Legislative Decree 1/1996, from 12 of April, approving the revised text of the approved Intellectual Property Law.
- Law 7/1998, on General Conditions of Contract.
- Royal Legislative Decree 1/2007, approving the revised text of the General Law for the Protection of Consumers approved.
My restaurant has a website that only includes information about my business and a contact form What should I do?
A web requires a disclaimer visible en toda la navegación de la misma y en donde se cumplan criterios de información como la titularidad de la web, among others: first name, tax identification, address, ofreciados services, etc.
On the other hand contact forms collect personal data, thus, It should establish a corresponding privacy notice, reporting the existence of the file, ends, ARCO rights information (access, rectification, cancellation and opposition), transfers to other organizations, etc. Likewise It must obtain the consent by "Check box" where if it is not checked, could not proceed to send the form.
Principales obligaciones de los restaurantes con la LOPD
Using the web, social networks or promotions, makes restaurants must meet the standards that protect the privacy of individuals, currently still has the LOPD, with obligations as the following:
- Notice files to the Spanish Data Protection Agency containing customer data, employees, providers and users.
- Information and where appropriate, consent to the collection of data in a personal data file: This usually occurs, when promotional competitions are held, or data are collected on forms, or promotions restaurant.
- Respect for security measures technical and organizational, and to be collected in a security document.
- Are copies are made up? ¿Access passwords are used?, Is the media put so there are no problems with the security of customer information?
- Duty of secrecy and confidentiality
- Report ARCO rights (access, rectification, cancellation and opposition) and serve as appropriate.
- Firms contracts with third parties with access to restaurant details: advisories, video surveillance, web hosting, Information stored in the cloud, etc.
It has recently been approved European data protection rules, which is directly applicable in Spain in two years.
Can I send emails or sms advertising?
As a general rule, to undertake advertising send email or SMS without being requested by the recipient, it has to obtain his consent prior express.
That is to say, we must ensure that the recipient gave us permission or (this is an exception to the general rule) there is a prior contractual relationship, that is to say, If you are a customer of the restaurant, we could always send them and when services or products are similar to those that were initially contracted by him.
Another important obligation is to give the recipient the opportunity to stop receiving such communications, establishing a free and easy way to stop receiving.
The digitalización de los contenidos y su fácil trasmisión puede producir vulnerabilidades en los intellectual property rights and industrial. Appropriation and dissemination of content is common practice, thus, My tip is when we ascend entries in blogs restaurants, or do advertising, It is not convenient to use photographs taken from the Internet without permission or pass "per box". Likewise, careful about using third-party video, content, etc… To use them you need the consent of their authors.
There are other points to consider when making use of the tools that Internet offers us a level marketing, for example ask for consent to publish images of our customers on social networks or web, or not to use keywords trademark of competition to climb the ladder in position, etc.
The use of Internet helps us drive our business, but we must bear in mind that the law exists, and in my opinion, the restaurants, As minimum, They should be aware and be consistent with the activity carried out and learn to minimize legal risks todo lo que sea posible.