In short. Before online contracting starts, Article 27 requires disclosure of the steps, contract storage and access, error correction tools and contract languages.
Definition: Article 27 of Spain's Law 34/2002 requires an online seller to explain the contracting steps, whether the electronic contract is stored and accessible, the tools for correcting input errors, and the available contract languages before the contracting process starts. Applicable general terms must also be available in a form the customer can store and reproduce.
Key facts
- As of 17 October 2026, Article 27(1) of Spain's Law 34/2002 requires clear, understandable and unambiguous information, available permanently, easily and free of charge before contracting starts.
- The government's electronic contracting guidance includes information about tools for identifying and correcting data-entry errors before confirming the data.
- Article 97(1) of Spain's consumer protection law separately requires information about the main characteristics of the goods or services and the total price, including taxes.
What must the explanation cover?
Article 27(1)(a) to (d) of Law 34/2002 specifies four subjects:
- The steps required to conclude the contract must be explained.
- The seller must state whether it archives the electronic contract document and whether that document is accessible.
- The technical means available to identify and correct errors in entered data must be described.
- The language or languages in which the contract can be concluded must be stated.
The storage disclosure concerns whether archiving and access are provided. Article 27(1)(b) frames these as matters to disclose; it sets no retention period.
How must the information and terms be accessible?
Article 27(1) of the same law allows the information to appear on the seller's website, subject to its accessibility and clarity requirements. For contracting services specifically designed for devices with small screens, the provision permits a permanently, easily, directly and accurately supplied internet address where the information is available.
Article 27(4) separately requires the applicable general terms to be available before the contracting procedure starts. The customer must be able to store and reproduce them.
When do the technical disclosure exceptions apply?
Article 27(2) of Law 34/2002 exempts the information required by paragraph 1 when both contracting parties agree and neither is a consumer. It also exempts contracts concluded exclusively through email exchanges or equivalent electronic communication.
These exceptions expressly concern the preceding paragraph. The requirement to make applicable general terms available for storage and reproduction appears separately in Article 27(4).
What additional consumer information applies?
Article 27(1) preserves other statutory information requirements. For consumer distance contracts, Article 97(1) of Spain's consumer protection law requires clear and understandable information before the consumer becomes bound. Its requirements include the trader's identity, the main characteristics of the goods or services, and the total price including taxes and applicable additional delivery charges. Article 97(1)(h) also covers payment, delivery and performance arrangements.
Related terms
- What must a shop explain about the online ordering process?
- What legal information must a Spanish business website publish?
- When must a Spanish online shop confirm an order?
- What must a Spanish shop's order button say about payment?
FAQ
Can you provide the technical information after the order?
Article 27(1) of Law 34/2002 places the disclosure before the contracting procedure starts. Article 27(4) gives the same timing for making applicable general terms available.
Can you agree with a consumer to omit the technical disclosures?
The agreement exception in Article 27(2)(a) requires that neither party be a consumer. The separate email-only exception appears in Article 27(2)(b) of the same law.
Is an English-only disclosure sufficient for consumer distance contracts?
Article 98(1) of Spain's consumer protection law requires the information specified in Article 97(1) in the language of the offer or the language chosen for contracting and, at least, in Castilian Spanish.
Sources
- BOE, "Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico", consolidated update 23 January 2025
- Ministry for Digital Transformation and the Civil Service, "Contratación electrónica", undated
- BOE, "Real Decreto Legislativo 1/2007, de 16 de noviembre", consolidated update 28 February 2026
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