Binding General Conditions
The general conditions are always available in the following link www.datos.gob.es/avisolegal. These conditions are binding for any actor re-using content or document within the scope of this regulation based only in their re-use. The actors may be natural persons or legal entities reusing public sector information for commercial or non- commercial aims.
Re-use authorization and non- exclusive transfer of rights of intellectual property.
The general condition allows the reuse of documents for commercial and non-commercial purposes. Herein documents refer to those documents in the hands of the General Administration of the State´s bodies and in the hands of entities belonging to the States Public Sector. Article 1.2 from the Royal Decree 1495/2011 of 24 of October foresees these aspects. This Royal Decree develops Law 37/2007 of 16 of November on reuse of State Public Sector Information by natural persons and legal entities. These information or documents can be use for commercial or non-commercial purposes. The regulation takes into consideration uses of the information that are not administrative activities. The authorize reuse includes for example such activities as copy, distribution, adaptation, extraction, reorganization and combination or process of the information.
Art 2 of the Law 37/2007 of November 16 on the reuse of Public Sector Information defines the term document for this context. This concept embraces all information regardless its material or electronic format, its form of expression: image, graphical or sound. It comprehends raw data or the most desegregated levels of data.
The re-use authorization implies the free and non-exclusive transfer of intellectual property rights on the documents. It authorizes as well the following activities: reproduction, distribution, public communication and transformation of the documents, in any modality, format, for the entire world and for long as it, the law allows it; if re-users to carry out the authorized re-use of documents or content need to perform these activities.
General Conditions for the reuse of the documents from the State Public Sector.
- The actor re-using the information can´t change their nature or meaning.
- The original document has to be mentioned. This mention may be done using this quote: “Data Source: Secretary of State of Public Administrations, Ministry for Finances and Public Administrations”
- The latest update date of the original documents needs to be cited if the original document expresses this date.
- It is forbidden declare, explicitly, implicitly or suggest the following idea; the Secretary of State for Public Administrations and owner of the original information takes part, finances or support the re-use of the documents.
- The available document for its re-use must preserve, not change or eliminate the meta-data on the update date and the re-use conditions.
Actors re-use data and information under their sole responsibility and risk. They are the only liable persons in cases the re-use of the information by third person causes damages.
The Secretary of State for Public Administrations is not responsible for actors re-using documents or information. It is not responsible for the consequences originated from their use of the re-used information; whether these consequences are direct or indirect, effective or potential damages or lost; economic or material damages or lost, on material things or data.
The Secretary of State for Public Administrations doesn´t guarantees original documents are available permanently, nor its content or format. It doesn´t assume the responsibility for any error or omission in them.
Actors or re-users’ responsibility.
Actor, persons or entities re-using public sector information are regulated by the legislation in force in these subjects. This legislation includes administrative sanctions foreseen in art 11 of the Law 37/2007 of 16 of November on the Re-Use of Public Sector Information.