Spain 3.3. Territorial and extra-territorial application Article 3(2) of the GDPR, establishes a series of cases in which controllers or processors of personal data located outside the European Union (EU) may be subject to the rules established in the GDPR, to the monitoring of the processing by the authorities of EU Member States such as Spain, and to its sanctioning regime. Entities that, regardless of their location and nationality, carried out business activities in the EU with access to, and processing of, personal data of EU citizens, may be required to comply with European data protection rules, such as the Spanish DP Law. For instance, any data subject residing in Spain, such as an American or Chinese citizen, if their data is being processed by a company not established in the EU, they will still be protected under the Spanish DP Law, specifically when: the processing of the data is in connection with the offering of goods or services to data subjects in the EU, regardless of whether the data subjects are required to pay for them; or the data processing is related to the monitoring of the behavior of data subjects, to the extent that the processing takes place in the EU. Accordingly, Article 70.1(c) of the Spanish DP Law establishes that representatives of controllers or processors not established in the territory of the European Union are subject to the sanctioning regime established in the GDPR and the Spanish DP Law. https://lopez-iborabogados.com/en/
4.1. Key stakeholders Data Protection Officer (DPO) In Article 37, the GDPR broadly outlines the criteria and circumstances for the appointment of a Data Protection Officer (“DPO”) within an organization. Conversely, the Spanish DP Law delves deeper by enumerating a specific list of organizations which are obliged to designate a DPO, surpassing the general guidelines provided by the GDPR. This expanded list includes entities such as professional associations and their overarching councils, educational institutions, Legislative Framework
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