When legal action is needed
Most cases are resolved without setting foot in court: with a well-argued request to the platform, the media outlet or the search engine. But sometimes the author refuses, keeps publishing, or the harm is so serious that something more is needed. For those cases we bring in a specialised law firm we work with when a case requires it, and we contribute what we do best: the digital evidence.
This applies whether you are Spanish or not. If the content was published in Spain or by a Spanish website, Spanish law and Spanish courts can usually protect you, and we handle the case remotely and in English.
The available routes
- Burofax and formal demand. A burofax is a certified letter with proof of content and delivery, widely used in Spain. It is sent to the author or the person responsible for the website, requesting removal and warning of legal action. It is often enough, and it also records that they were warned.
- Civil claim for breach of the right to honour, privacy or one's own image. Spain's Organic Law 1/1982 protects these rights and allows you to ask for the intrusion to stop, for the content to be removed, for the judgement to be published and for compensation for the harm. The time limit to bring these claims is four years from when you could first bring them.
- Criminal complaint for insult or slander. The Spanish Criminal Code regulates these offences in articles 205 to 210. Slander (calumnia) is accusing someone of a crime knowing it is false or with reckless disregard for the truth; insult (injuria) is harming another person's dignity. As a general rule, they are only prosecuted if the injured person files a complaint, and the time limits are short.
- Complaints to the Spanish Data Protection Agency (AEPD) when a website or a search engine does not respect your rights to erasure or to object. It is free and often effective, and the GDPR protects anyone whose data is processed by a website or search engine in the EU, regardless of nationality.
- Right of rectification against a media outlet that has published false information about you, within the legal deadline of seven calendar days.
Do not let time pass
The time limits for criminal action for insult or slander are much shorter than those for civil action. If you are thinking of taking action, get advice as soon as possible.
The role of the forensic report
In cases about content published online, evidence is everything. If you only provide screenshots, the other side can challenge them. Our court-appointed IT forensic expert certifies the content with a digital fingerprint and timestamp, documents the chain of custody and signs a report he can defend in court. More information on our IT forensic expert page.
When it is worth it and when it is not
It is worth it when the harm is serious, the author can be identified, the amicable routes have been exhausted and there is solid evidence. It is not usually worth it when the content can be removed by a faster route, when the author is anonymous and outside Spain, or when the proceedings would give the problem more visibility than the content itself. We will tell you frankly.
How we work
- We analyse the case and the evidence available.
- We certify the content before it disappears.
- The law firm assesses the legal route and explains the time limits, risks and options.
- We coordinate the technical and legal sides so you do not have to.
If you want your case assessed, start with the free analysis.