Ownership and Liability Framework of the Electronic Office of the Directorate General for the Regulation of Gambling:
Article 38 of Law 40/2015, of 1 October, on the Legal Regime of the Public Sector, and Royal Decree 203/2021, of 30 March, regulating the operation and functioning of the public sector by electronic means, establish that the creation of an electronic office must identify its owner, as well as the body or bodies responsible for its management and for the services made available to citizens through it.
In compliance with this provision, Article 6 of Order HAP/248/2013 of 2 April (Section 2.3) of the Ministry of Finance and Public Administrations, which creates and regulates the electronic office of the Directorate General for the Regulation of Gambling, establishes that ownership of the Electronic Office (https://sede.ordenacionjuego.gob.es/es) corresponds to the Directorate General for the Regulation of Gambling.
In accordance with Article 38.2 of Law 40/2015, of 1 October, on the Legal Regime of the Public Sector, “the establishment of an electronic office entails the responsibility of its owner with regard to the integrity, accuracy and updating of the information and services accessible through it.” Royal Decree 203/2021, of 30 March, further establishes that the owner of the electronic office that contains links to other electronic offices or websites under the responsibility of a different body or Public Administration shall not be responsible for the integrity, accuracy or updating of such content.
The electronic office shall establish the necessary means to enable citizens to determine whether the information or service accessed corresponds to the office itself or to an access point that does not have the status of an electronic office, or to a third party.
To this end, messages are displayed on links indicating whether accessing them involves leaving the electronic office or remaining within it.
Intellectual Property:
Both the design of this Electronic Office and its source code, as well as the logos, trademarks, and other distinctive signs appearing therein, belong to the Directorate General for the Regulation of Gambling and are protected by the corresponding intellectual and industrial property rights.
Article 13(c) of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, provides that the use of official languages within the territory of the relevant Autonomous Community shall be guaranteed. Article 15 further establishes that “the language of proceedings conducted by the General State Administration shall be Spanish. Notwithstanding the above, interested parties addressing bodies of the General State Administration located in the territory of an Autonomous Community may also use the co-official language of that Community. In such cases, the procedure shall be conducted in the language chosen by the interested party.”
Use of co-official languages in the main online office
In accordance with the provisions of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, and Law 40/2015, of 1 October, on the Legal Regime of the Public Sector, the use of the official languages of the State shall be guaranteed in electronic relations between citizens and Public Administrations, under the terms provided for in the applicable regulations.
For these purposes, electronic offices whose owner has jurisdiction over territories with co-official languages shall provide access to their content and services in the corresponding languages.
The systems and applications used in the electronic management of procedures shall comply with the provisions on the use of official and co-official languages set out in Law 39/2015, of 1 October, and other applicable regulations.
The use of co-official languages anywhere on this electronic office shall not prejudice their admissibility in all procedures integrated within it, which shall be determined in each case through the application of the relevant procedural regulations.
Applicable law and competent jurisdiction
The applicable law in the event of any dispute or conflict regarding the interpretation of the terms comprising this Legal Notice, as well as any matter related to the services of this Electronic Office, shall be Spanish law.
For the resolution of any dispute that may arise in connection with visiting the Electronic Office or using the services offered therein, this Ministry and the User agree to submit to the Courts and Tribunals of the User’s place of residence, provided that it is located within Spanish territory.
