ILN Data Privacy Paper

Spain

9.1. Consequences and penalties for data breach Sanctions and penalties under the General Data Protection Regulation (GDPR) and the Spanish DP Law share foundational principles but exhibit nuanced distinctions. Within the overarching framework, both regulations empower regulatory authorities to impose fines for breaches, yet their specific applications diverge to some extent. In the broader spectrum, the GDPR provides a comprehensive foundation for penalties, delineating Consequences of non-compliance

a general framework that allows for substantial fines as a response to infringements. The maximum penalty, levied for severe violations, can reach up to 4% of the global annual turnover or EUR 20,000,000.-, depending on which amount is greater. This regulation incorporates a flexible approach, recognizing the varied nature and seriousness of potential violations. Conversely, the Spanish DP Law maintains a parallel structure while introducing specificities tailored to the Spanish legal context. Although aligned with the GDPR's fundamental principles, the Spanish DP Law contains different provisions concerning the imposition of

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