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Legal consultations from citizens on the Internet grow

The increase in activity on the Internet has triggered doubts and legal problems that users face in their daily lives, from identity theft to purchase claims.
The daily use of the Internet has brought with it a whole series of legal risks that citizens are often unaware of, which has led to legal consultations in this area having grown exponentially in recent years.
This is demonstrated by the data on customer queries managed by Legálitas. Among the most frequent doubts collected by this legal services firm, the vast majority are related to the use of social networks, with the publication of photographs being one of the most recurring issues.

Can someone I know report me for posting photos of a dinner on Twitter without their permission?

In principle, it is not a revelation of secrets, so criminal proceedings will not be possible. Of course, we must bear in mind that a person's image is personal data, so they may ask us to remove it based on data protection regulations.

What procedures must be followed to remove photos that someone has uploaded to a contact page without my consent?

The website is responsible for what is published on it once it is aware of the situation. The first thing is to contact the administrator of the page through the contact means made available to users, taking into account that a photograph is personal data, so it is possible to exercise the right of cancellation against the website. If there is no response, it is possible to go to the Spanish Data Protection Agency.

What if they insult me on an Internet forum?

Again, you must contact the person in charge of the forum to take action so that they know that the rights of third parties susceptible to compensation are being harmed. You can resort to criminal proceedings if the insults were of such a nature that they could constitute a crime or misdemeanor, or to civil proceedings, to defend honor and image, and even to request compensation for damages.

Identity theft is another recurring theme. What do I do if they impersonate me on Facebook?

The conditions of use of this social network do not allow identity theft, so if it is demonstrated with the DNI, for example, that the identity is being impersonated, they must act. To do this, you must contact the company through the mechanisms available to users and report the impersonating profile. Ultimately, the possibility of filing a complaint may be considered.

What if they buy a phone and register a line online using my data?

It could be a crime of usurpation of marital status, in addition to a crime of falsifying documents in conjunction with a crime of fraud. Regarding the telephone company, the first thing is to order the bank to return the charges and file a claim reporting the falsehood. It is advisable to request a copy of the recording or the supposedly signed contract to verify the signature, and report the criminal complaint filed, demanding immediate withdrawal. It is the company that must prove the existence of a valid contract.

How to complain about a problem with a purchase made online?

A written record of the claim must be left. If there is no response, the complaint can be directed to the consumer organizations, if it is a company with domicile or permanent establishment in Spain or in the European Union. Outside of there, the claim becomes complicated, since it would have to be addressed to administrative organizations or courts where that business is located.

What information should a website contain to ensure that it is legal and secure?

If it is a page to buy or contract a service, you must look at whether it complies with electronic commerce and data protection regulations, among others. It should contain, for example, a privacy notice that clearly identifies who is behind the website with name or company name, tax identification number, address, email, etc. In addition, the data related to the item, such as price, payment method, delivery time, offer validity period, etc., must be stated in a clear and understandable manner.

Legal doubts are raised about 'dating' websites

Contracting services with websites that offer help to "find your better half" is causing an increase in the number of calls clients make to request legal information. This is stated by the Legal Observatory of Legálitas, according to which the 80% of the queries received in the last year on this matter refer to issues related to the improper charging of these services after requesting cancellation. In these cases, it is recommended to submit a formal claim, giving the company a period of time to process it. If they still do not respond to the request, the facts must be reported to the competent consumer organizations or to the first instance courts of the user's place of residence. As for the remaining 20% of queries, these have to do with the way these services are provided, as the client understands that a breach is occurring. These are cases in which, despite the compatibility tests carried out, the people with whom appointments are proposed do not have any affinity or there are non-compliance regarding the number of appointments proposed, which is much lower than the contracted number or which drastically decreases. within a short time of contracting the service.

Lexmia is a law firm in Murcia with a national and international vocation.

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