Understanding GDPR Compliance in Spain
Spain fully enforces the General Data Protection Regulation (GDPR) through national law: the LOPDGDD (Ley Orgánica 3/2018). Any business handling personal data from individuals in Spain—whether based in Spain or abroad—must comply with both the EU GDPR and Spanish data protection law.
📘 What Is the LOPDGDD?
Spain’s Organic Law on Data Protection and Digital Rights (LOPDGDD) complements the GDPR by:
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Detailing data processing rules
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Regulating employment-related data rights
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Creating the Spanish Data Protection Authority (AEPD)
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Providing additional digital rights (e.g., data inheritance, online privacy)
⚖️ Failure to comply can lead to severe administrative fines: up to €20 million or 4% of annual global turnover.
✅ Core GDPR Principles in Spain
All companies processing personal data in Spain must follow these GDPR principles:
| 📌 Principle | 🔍 Description |
|---|---|
| Lawfulness, fairness, and transparency | Process data legally and tell users why |
| Purpose limitation | Use data only for the purpose stated |
| Data minimization | Collect only what is necessary |
| Accuracy | Keep data up to date |
| Storage limitation | Don’t retain personal data longer than needed |
| Integrity and confidentiality | Ensure secure processing |
| Accountability | Be able to demonstrate compliance |
📋 Obligations for Businesses in Spain
🗂️ Data Mapping & Record-Keeping
You must maintain Records of Processing Activities (RoPA)—mandatory for most businesses.
🤝 Consent & Transparency
You must obtain freely given, specific, informed, and unambiguous consent, with clear opt-in mechanisms.
🔐 Security & Breach Notification
Implement appropriate technical and organizational security measures, and notify the AEPD of any breach within 72 hours.
🧑💼 Data Protection Officer (DPO)
DPOs are required if:
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You are a public authority
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You process large-scale sensitive data
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You conduct regular and systematic monitoring
📌 Spain’s AEPD maintains a public DPO registry.
🏛️ Enforcement by AEPD (Agencia Española de Protección de Datos)
The AEPD is Spain’s national data protection authority. It can:
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Investigate complaints
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Audit businesses
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Impose sanctions
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Issue guidance and recommendations
💬 Tip: Spain has one of the strictest GDPR enforcement records in the EU.
🧑💼 How Borderless Lawyers Helps
We provide comprehensive GDPR legal services, including:
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✅ GDPR compliance audits
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✅ Drafting privacy policies & cookie banners
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✅ DPO outsourcing
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✅ Consent mechanism review
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✅ Representation before the AEPD
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✅ Employee and client data compliance
🌍 Multilingual support | 🛡️ Sector-specific compliance | ⚖️ Legal and technical alignment