Spain
Governing Data Protection Legislation
them with the latest Spanish and European regulations. Our thorough examination of contracts ensures the incorporation of clauses pertaining to data protection and confidentiality, tailored to the nature of each agreement. At López-Ibor DPM Abogados, we pride ourselves on being at the forefront of legal innovation, providing steadfast support to our clients in navigating the complexities of contemporary legal landscapes. Introduction We have compiled the main differences between the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or “GDPR”) and the local Spanish Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights, mentioning only the differences where the Spanish legislation has added or modified some of the rights and provisions of the aforementioned European regulation. In the following headings and subheadings, we will only address the points where there are noteworthy differences in the Spanish legislation with respect to the GDPR. We will not include any content to the headings and subheadings where there are no particularities in the Spanish legislation with respect to the GDPR.
2.1. Overview of principal legislation The Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and guarantee of digital rights (hereinafter, “ Spanish DP Law ”) is the Spanish national law that transposed and incorporated the provisions of the GDPR and is effective in the whole territory of Spain. 2.2. Additional or ancillary regulation, directives or norms The recent Law 11/2023 , of May 8, (the "Law 11/2023"), which transposes several European Union Directives and amends several regulations, introduces some changes in the Spanish DP Law. The amendments, effective as from the day after the publication of the Law 11/2023, are aimed at modernizing and streamlining the procedures and deadlines before the Spanish Data Protection Agency in defense of the rights of citizens. 2.3. Upcoming or proposed legislation (if applicable) There is no upcoming proposed legislation to amend the Spanish DP Law but considering the fast pace of new technology and AI, we should expect new modifications to the original text in the following years.
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