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Old 09-21-2018, 11:20 AM
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Default Canarian Weekly: Spain?s Personal Data laws are becoming a nightmare

RECENT changes to the Spanish Data Protection Act (Ley de Protecci?n de Datos or ?LOPD?) and the ancillary Royal Decree?s security measures, have added more complexity to an already-intricate law.

Data protection legislation has been around for many years, and its main aim has been to ensure that personal data is processed lawfully, fairly and in a transparent manner.

Individuals have, under these new laws, many rights: the rights of access to data; to have their data deleted; to be forgotten, or the right to withdraw consent. And these are just a few.

Anyone with a company will confirm that it?s an absolute minefield. As a result, companies offering advisory services on implementation and supervision of procedures have flourished.

Here?s a glimpse of how these fines have been imposed on some companies:

*4,000-euro fine imposed on car-rental company Europcar for issuing a contract with incorrect client details

*15,000 fine issued to a company for revealing excessive data of employees, while negotiating work conditions with unions

*20,000 fine issued to an IT company for sending communications to a mailing list, revealing the addresses listed (using cc instead of bcc)

*60,000 fine imposed on an advertising company, which sent commercial offers to customers, whose personal details had been received without authorisation and consequently, in breach of data protection laws

*1,2m-euro fine given to Facebook for obtaining personal information from their members about creed, gender and ideology, as well as browsing data, without clearly informing them of its purpose or use

Larger companies have been getting away with this for years because, in practical terms, it does not terribly affect them financially (although reputation may be eroded). It is however the shop owner, and the office above it, that could be crippled by these new laws.
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