Conditions of Re-use

Compulsory Nature of the General Terms and Conditions

All re-users shall be bound by these Terms and Conditions by simply making use of the documents governed hereby.

Re-use Authorisation and Non-Exclusive Transfer of Intellectual Property Rights

These General Terms and Conditions permit the re-use of those documents governed hereby for commercial and non-commercial use. Re-use is understood to be the use of documents held by the agencies of the General State Administration Services and all other bodies and entities of the State public sector referred to in Article 1.2 of Royal Decree 1495/2011, of 24 October, developing Law 37/2007, of 16 November, on the re-use of public sector information for the State public sector, by individuals or legal entities for commercial or non-commercial purposes provided that said use does not constitute public administration activity. The authorised re-use includes, but is not limited to, such activities as copying, divulging, amending, adapting, extracting, reorganising and combining the information.

The term “document” shall be understood as established in Section 2 of Article 3 of Law 37/2007, of 16 November, on the re-use of public sector information, meaning that it comprises any information on any material or electronic medium as well as the corresponding graphics, sound and images, consequently also including the data at their most disaggregated or “raw” level.

This authorisation also includes the free and non-exclusive transfer of the intellectual property rights corresponding to such documents, as appropriate, authorising the activities of reproduction, distribution, public communication and transformation as may be necessary for developing the authorised re-use activity, by any means and via any format, worldwide and for the maximum period permitted by law.

General Terms and Conditions of Re-use

The Ministry of Health, Consumer Affairs and Social Welfare is committed to the promotion of re-use by means of the basic general method of availability free of any specific terms and conditions (Article 8.1 of Royal Decree 1495/2011, of 24 October).

The following General Terms and Conditions apply to the re-use of documents subject thereto:

1. Misinterpretation of the meaning of the information is prohibited.
2. The source of the documents subject to re-use must be quoted. Said quote may be provided in the following manner: “Source of the data: Ministry of Health, Consumer Affairs and Social Welfare”.
3. The date of the most recent update made to the documents subject to re-use must be mentioned, provided that the same is included in the original document
4. It shall not be possible to indicate, insinuate or suggest that the Ministry of Health, Consumer Affairs and Social Welfare as owner of the re-used information participates, sponsors or supports the re-use activity carried out.
5. The metadata on the date of update and the applicable conditions of re-use included, as the case may be, in the document made available for re-use must be maintained, not altered or deleted.

Exclusion of Liability

Use of the data sets shall be made by the users or re-users in their own name and at their own risk, and they shall be exclusively liable for any damages that may be incurred by third parties as a result.

The Ministry of Health, Consumer Affairs and Social Welfare shall not be liable for the use made by re-users of its information nor for the damages incurred, either directly or indirectly, or economic losses that may be incurred or lead to economic, material or data damage caused by use of the information subject to re-use.

The Ministry of Health, Consumer Affairs and Social Welfare does not guarantee the ongoing availability of the re-usable documents, in terms of either content or form, and nor does it assume any liability regarding mistakes or omission of content therein.

Liability of the Re-user

The re-user shall be subject to the applicable regulations governing the re-use of public sector information, including the penalty regime established in Article 11 of Law 37/2007, of 16 November, on the re-use of public sector information.

These General Terms and Conditions shall be permanently, easily and directly accessible in the “Legal Notice” section of the e-office of the ministry where the open data sets are available. However, on an exceptional basis and with good reason, it may be possible to apply those methods established in paragraphs b) and c) of Section 2 of Article 4 of Law 37/2007, of 16 November, following a ministerial order to said effect. Said methods are as follows:

• Re-use of documents made available to the public and subject to conditions established in standard licences.
• Re-use of documents following a request, pursuant to the procedure established in Article 10 of Law 37/2007, of 16 November, or, as the case may be, the corresponding regional regulations, with conditions established in a licence possibly incorporated into such situations.

Said licences must meet the following conditions:

• They must be clear, fair and transparent.
• They must not restrict the re-use potential nor set limits on competency.
• They may not be discriminatory for comparable re-use categories.
• They must be available in digital format and it must be possible to process the same electronically.