The Government approves multimillionaire fines for infractions to the Law of Data Protection


The Government approves multimillionaire fines for infractions to the Law of Data Protection


It contemplates sanctions of a maximum of 20 million euros or up to 4% of the company's global turnover the previous year


The Government has today approved a royal decree on data protection that approves millionaire sanctions for infringement in this area and that adapts the Spanish legislation to the General Regulation of Data Protection (RGDP) of the EU.

On May 25 came into force the General Regulation of Data Protection (RGDP), which gives more control to the citizen over who has their personal information and which resulted in a valanche of emails on changes in the policies of use of data. Its transposition to Spanish law is currently in the process of parliamentary procedure and is not expected to see the light until the end of the year .

"While this law is in process, we have had to approve a royal decree of urgent measures to adapt the Spanish legal system to the EU," said the Government spokesperson, Isabel Celáa , in her appearance after the Council of Ministers. The Executive is thus trying to avoid the "legal vacuum" and the lack of protection of the citizen until the new law is approved.

European regulations

European regulations are strongly guaranteed and seek to end common practices such as incomprehensible terms and conditions, check boxes validated by default or loss of control over personal data once they are transferred to a company.

The royal decree assumes the "new sanctioning regime of the RGPD", which contemplates sanctions of a maximum of 20 million euros or up to 4% of the company's global turnover the previous year, and replaces the sanctions of the former law of Spanish data protection (of 1999).

It maintains instead the duration of sanctioning procedures of six months - although it may include investigations for a period of twelve months - and the prescription of sanctions: one year for (less than 40,000 euros), two years (40,000 to 300,000 euros) ) and three years (higher amounts).

The person in charge of carrying out the research work envisaged in the RGPD will be the Spanish Agency for Data Protection and the officials who develop this type of work will be considered "agents of the authority" in the exercise of their functions, according to the approved regulations today.

The royal decree also creates a cooperation procedure between the countries of the European Union in the cases of treatments denominated cross-border, with the participation of all the authorities involved.

The European law leaves in the hands of the Member States very specific points of the regulations, such as the minimum age of a minor to give their consent to the use of their personal data.

The processing of the law in Spain, which is expected to end at the end of the year, already has more than 300 amendments , which will complement these aspects not covered in the European regulation.

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