The Data Protection Act, a legal obligation for all companies

Complying with the Data Protection Act is a legal obligation for any type of company that processes personal data, regardless of its size, activity or business volume.

The main objective of this regulation is to guarantee the privacy and correct processing of citizens' personal data, protecting them against improper use, unauthorized access or security breaches.

We'll explain all the details to you.

In the European and Spanish context, the protection of personal data is strictly regulated by the General Data Protection Regulation, RGPD, in force since May 2018, and by Organic Law 3/2018 on the Protection of Personal Data and the Guarantee of Digital Rights, LOPDGDD. These regulations establish a unified legal framework that obliges all organizations that process personal data to guarantee the fundamental rights of individuals in relation to personal information.

Any company, regardless of size or sector, that operates in the European Union or that manages data of European citizens is subject to the GDPR. In Spain, the LOPDGDD reinforces and adapts the European regulation to the national context, and incorporates, among other things, digital rights such as internet access and digital disconnection in the workplace.

Among the most prominent obligations is the need to obtain informed, free and explicit consent to process personal data, as well as maintain transparency in the use of this information. Companies must allow citizens to exercise their rights and guarantee the confidentiality, integrity and availability of data. In some cases, the figure of the Data Protection Officer, DPO, is also required, especially in public entities or in organizations that process data on a large scale. In addition, this rule implies adopting internal policies, training staff and constantly updating security systems.

Failure to comply with the GDPR and the LOPDGDD can lead to millions of fines, up to 20 million euros or four percent of global annual turnover, in addition to the resulting damage to reputation. Therefore, it is not just about avoiding sanctions, but about integrating privacy as an added value in business management. Customer trust is built, in part, by demonstrating responsibility and commitment to the protection of their information.

The GDPR and the LOPDGDD should not be seen as a bureaucratic burden, but as a key tool to guarantee the legality, ethics and competitiveness of companies. Adapting to these regulations is mandatory, but it also represents an opportunity to improve internal processes, promote transparency and strengthen the relationship with users in the digital age.

Adapting to this regulation not only responds to a legal requirement, but also to a growing social demand for a more ethical and responsible use of personal information.

If you need more information or wish to implement or update this regulation, do not hesitate to contact DATA AND SERVICES.