Language Policy Act and digital presence: what does this mean for your website?
Whether businesses operating in Catalonia are required to have their websites available in Catalan has come up a lot in recent years, especially with the growing digitalisation of services and regulatory pressure on the use of official languages in government and the private sector.
But what does the Language Policy Act actually say? How does this regulation affect the digital presence of local and international businesses offering services or products in Catalonia?
The answer calls for a deep dive not only into the legal background but also its practical interpretation and how the authorities are applying this regulation in the digital realm. This entails grasping the principles of the Language Policy Act 1/1998 of 7 January, its goals, the language rights it protects and, most importantly, how this translates into real obligations for businesses in their online environment.
The trick is not just going by the letter of the Act but rather looking into the changes which have come about because of new tech and recent case law. In practice, this means thinking about the business risks of not adding Catalan to your website.
Language Policy Act: background, goals and scope
Catalonia's Language Policy Act 1/1998 is the basic legal framework for the use of the official languages—Catalan and Spanish—in Catalonia.
Its main goal is to make sure Catalan is understood, used and protected as Catalonia's own language while also ensuring people have the right to interact with public authorities, access services and get information in it.
In its preamble and initial sections, the Act underscores the importance of Catalan as an identifying feature and mainstay of Catalan society. This is what it says: “The Catalan language is an essential element in the national formation and character of Catalonia, a basic instrument for communication, integration and social cohesion” (section 1, Preamble, Official Journal of the Government of Catalonia, 1998).
Within this framework, Spanish is also an official language in accordance with the Spanish Constitution and the Statute of Autonomy, but Catalan legislators have emphasised the active promotion of Catalan in all public and private spheres.
The outcome is an ambitious regulation affecting government, business, the media, education and the cultural sector.
Do websites have to be available in Catalan under the Language Policy Act?
The question of whether websites have to be available in Catalan is directly related to various sections of the Act. Specifically, section 31 deals with “public service companies” while section 32 addresses “establishments open to the public”.
Section 31 – Public service companies
The Act says that state-owned and private companies providing public services in Catalonia “shall use Catalan at least in communications and notifications, including invoices and other business documents, addressed to people resident in the Catalan linguistic area, notwithstanding a citizen's right to receive them in Spanish on request.”
Section 32 – Establishments open to the public
This section specifies that establishments open to the public in Catalonia must use "at least" Catalan in signage, product and service information, commercial documentation and consumer offers. While these provisions were originally intended for the physical setting, their wording has been gradually extended in practice to encompass digital channels such as websites, apps and e-commerce platforms.
What does this mean for websites?
In practical terms, any business which has a footprint in Catalonia and offers services or products to end consumers is required to provide at least the relevant information on its website in Catalan. This includes key issues such as:
- Product and service descriptions
- General terms and conditions of purchase
- Contact forms and customer service
- Legal information and privacy policy
Simply having a website in Spanish or other languages is not enough. The upshot is clear: the Act requires Catalan to be available in essential information for Catalan audiences.
Exceptions, nuances and case law: is there any flexibility?
Nonetheless, as is often the case with language regulations, the reality is more complicated and there are significant nuances. The Act stipulates that people have the right to receive information in Spanish if they ask for it, but it doesn't exempt businesses from their duty to provide this information at least in Catalan from the outset.
Does this mean that absolutely everything on the website has to be available in Catalan? Not necessarily. The important thing is the type of information and the target audience. For example:
- If the website is purely for information purposes with no commercial interaction, the risk of penalties is lower, although the official recommendation is still to translate the essential content.
- If the website allows for contracts, online purchases, bookings or interactive services, the obligation becomes clearer and stricter.
In practice, the Catalan Government has prioritised compliance in businesses that have a direct commercial relationship with consumers, especially in regulated sectors (tourism, retail, banking, telecommunications, etc.).
Penalties and consequences for non-compliance
The Language Policy Act envisages the intervention of the government and the Síndic de Greuges (Ombudsman) to address potential infringements. Section 50 says that consumers can file complaints if they feel their right to be provided with information in Catalan has been breached.
In recent years, the Catalan Government has stepped up inspections and awareness campaigns in the digital environment with high-profile cases of penalties imposed on large websites and businesses that did not have their website, or parts of it, available in Catalan.
This means that businesses may face:
- Warnings about making their website available in Catalan
- Fines proportional to the scale and severity of the breach
- Reputational harm due to public complaints
Although penalties are not always automatic, they are part and parcel of the strategy to protect and promote Catalan in the digital setting.
Real-world examples and international comparison
A prime example was the case of several hotel chains and booking platforms which were penalised for not providing their online services in Catalan even though they operated in Catalonia. In all these cases, the language authority ruled that key information for users must be available in both official languages.
By way of comparison, other Spanish regions with co-official languages such as the Basque Country and Galicia have put in place similar legal frameworks, albeit the degree of stringency and practical application varies depending on the area and social sensitivity.
What sets Catalonia apart is the proactive approach taken by the Catalan Government in monitoring and enforcing the regulations, driven by a firm intention to ensure that Catalan is part of people's digital lives.
Business advantages of making your website available in Catalan
Aside from the legal obligation, there are also strategic advantages to making your website available in Catalan:
- Enhanced brand reputation and image in the region
- Greater reach and engagement with Catalan-speaking consumers
- Regulatory compliance and risk mitigation
- SEO ranking on Google for searches in Catalan
- Better relationship with government and access to specific aid
The upshot is clear: it's not just a regulatory requirement but also an opportunity to stand out and build trust in the Catalan market.
Practical recommendations for businesses
To comply with the Language Policy Act and avoid unnecessary risks, businesses should:
- Translate all relevant commercial and contractual information on their website into Catalan
- Make sure that forms, T&Cs and legal notices are available in Catalan
- Regularly review content to ensure it complies with the latest regulations
- Train in-house teams in language management and adaptation
If your business operates in Catalonia, making your website available in Catalan is not only a good idea but also in many cases a must.
Does your website comply with language regulations in Catalonia? We'll help you translate it into Catalan.
FAQs about the Language Policy Act in Catalonia
What does the Language Policy Act say about having your website available in Catalan?
The Act stipulates that essential information on business websites in Catalonia must be available in Catalan, especially if they offer products or services.
Does the Language Policy Act require the entire website to be translated into Catalan?
You don't have to translate everything, just the information that's relevant to consumers: descriptions, T&Cs and customer service.
What happens if my company's website isn't available in Catalan as stipulated by the Language Policy Act?
If your website doesn't meet the requirement to provide information in Catalan, you might get warnings, fines and complaints to the Síndic de Greuges (Ombudsman).
Which businesses have to comply with the Language Policy Act's requirement for websites in Catalan?
All local or international businesses operating in Catalonia which offer products or services to consumers.
