Spain
penalties within the Spanish territory. This includes the determination of specific fine amounts, reflecting the legislation's commitment to addressing data protection breaches, specifically for Spain. While the GDPR lays out general criteria for imposing fines, considering factors such as the nature, severity and duration of the violation, the Spanish DP Law adapts these criteria to align them with the Spanish legal system. It provides a tool through which authorities can assess breaches, acknowledging the unique circumstances that may arise within Spain's regulatory framework. For instance, Spanish DP Law specifically includes a statute of time limitation period depending on the amount of the fines, ranging from one (1) to three (3) years. Therefore, while the fundamental concept of imposing penalties for data protection breaches remains consistent throughout the GDPR, the Spanish DP Law contains particularities to ensure an effective, contextually relevant application of sanctions within its jurisdiction. 9.2. Consequences and penalties for other violations and non- compliance Conclusion In conclusion, the examination of the Spanish DP Law in contrast to the General Data Protection Regulation (GDPR) has raised certain particularities which underscore the particular approach and nuanced framework established by Spanish legislation. The following are, in
summary, the most important differences: A. Different Age of Consent: Spanish DP Law has introduced a distinctive age threshold for the valid consent of minors, setting it at the age of 14 years. This deviation from the GDPR's uniform age requirement reflects Spain's emphasis on tailoring regulations to specific cultural and social contexts. B. Designation of a Data Protection Officer (DPO) for Public Authorities: Spanish regulations uniquely oblige the appointment of a DPO for public authorities and entities, irrespective of their size. This proactive measure reflects a commitment to enhancing accountability and compliance within the public sector. C. Sanctioning Authority: In Spain, the AEPD assumes a central role as the principal authority responsible for imposing sanctions for data protection infringements. This specific delineation differs from the decentralized approach under the GDPR, where different supervisory authorities in each EU Member State are empowered to impose sanctions independently. These identified nuances underscore the importance of understanding the intricacies of the Spanish data protection legal framework. As businesses and entities navigate the complexities of compliance, awareness of these distinctive
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