As a foreigner living, working, or doing business in Spain, protecting your personal data is more important than ever. Spain follows the European Union’s General Data Protection Regulation (GDPR), one of the strictest privacy laws globally, designed to give you control over how your personal information is collected, used, and stored.
This article explains your data privacy rights under GDPR in Spain, what you can do if your rights are violated, and how foreigners can enforce these protections.
What is GDPR and Why Does it Matter in Spain?
The GDPR is an EU-wide regulation that harmonizes data protection laws across member states, including Spain. It applies to all companies, government bodies, and organizations processing personal data within Spain or targeting Spanish residents.
Your personal data includes information such as:
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Name, address, ID numbers
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Email, phone numbers
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Financial information
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Health data
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Online identifiers (cookies, IP addresses)
Under GDPR, you have rights over this data regardless of your nationality or residency status.
Your Key GDPR Data Privacy Rights in Spain
1. Right to Access Your Data
You can request any organization holding your data to provide a copy of it. This helps you understand what information is stored and why.
2. Right to Rectification
If your data is inaccurate or incomplete, you have the right to request corrections.
3. Right to Erasure (“Right to be Forgotten”)
In certain situations, such as when data is no longer needed or consent is withdrawn, you can ask to have your data deleted.
4. Right to Restrict Processing
You may limit how your data is used temporarily, for example, while a dispute is resolved.
5. Right to Data Portability
You can obtain your data in a structured, machine-readable format to transfer it to another service.
6. Right to Object
You can object to your data being used for direct marketing or profiling.
7. Rights Related to Automated Decision Making
You can request human intervention if important decisions are made solely by automated processes.
How Do These Rights Apply to Foreigners in Spain?
Spain’s data protection laws do not discriminate based on nationality or residency status. Whether you are a tourist, resident, student, or remote worker, GDPR protects your data equally.
This means:
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You can make GDPR requests to any Spanish company or public authority handling your data.
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You have the same enforcement and complaint rights as Spanish nationals.
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If a company refuses your rights, you can escalate to the Spanish Data Protection Agency (AEPD).
How to Exercise Your GDPR Rights in Spain?
Step 1: Identify the Data Controller
Find out who is responsible for your data — this is usually the company or organization you provided your info to.
Step 2: Submit a Written Request
Send a formal request by email or letter specifying which right you want to exercise (access, rectification, erasure, etc.).
Step 3: Wait for the Response
The controller must reply within one month — sometimes extendable to two months if complex.
Step 4: Escalate if Needed
If unsatisfied or ignored, you can:
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File a complaint with the Agencia Española de Protección de Datos (AEPD): www.aepd.es
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Seek legal assistance to enforce your rights in court.
Common Scenarios Where GDPR Helps Foreigners in Spain
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Unwanted marketing calls or emails
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Companies sharing your data without consent
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Incorrect personal info on databases
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Data breaches exposing your details
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Social media platforms mishandling your profile data
What Penalties Do Companies Face for GDPR Violations?
Companies breaching GDPR can face heavy fines up to €20 million or 4% of global turnover, whichever is higher. Spain’s data protection authority is active in enforcing these rules, protecting consumers’ and foreigners’ rights.
Need Help with GDPR or Data Privacy Issues in Spain?
At Borderless Lawyers, we help foreigners in Spain:
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Understand their data privacy rights under GDPR
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Draft and send formal GDPR requests
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Represent clients in complaints to the AEPD
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Provide legal advice on data breaches or misuse
📞 Contact us today for a consultation in English or your preferred language.