Royal Decree 635/2015, which regulates the managing procedures for the legal deposit of websites and their contents (online publications), was passed in Spain to preserve bibliographic, sound, visual, audio-visual or digital cultural content and permit access to the cultural content for cultural, research or informational purposes.
After 25 October 2015, one is obligated to submit a legal deposit for a website.
What are online publications?
An online publication is information, whatever its nature, disseminated through a nontangible electronic form, stored in a certain format and capable of identification and differential treatment, to be publically distributed. Therefore, a website or blog is considered an online publication and is subject to legal deposit.
The producer or editor of a website or blog must submit a legal deposit, i.e., the natural or legal person who owns the domain of the website or the person responsible for its management is responsible for the submission of the legal deposit.
Obligations of the editors or producers of the online content
Unlike the legal deposit of tangible publication forms, the editor or producer of online content does not have to take any action. They simply must allow the automatic archival online systems of the conservation centres to collect information or transfer the documents the centres require to complete the legal deposit.
Must I submit the legal deposit for my website?
Yes, always when the website includes bibliographic, sound, visual, audio-visual or digital content of Spanish cultures. In addition, the website must meet one of the following requirements:
- It is written in one of Spain’s official languages
- It is produced or edited by a natural or legal person whose domicile, permanent residence or establishment is in Spain
- It is produced or published under a domain name related to the Spanish territory
Personal mail, private correspondence, contents hosted on a private network or files containing personal data are not subject to legal deposit.
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