Data Protection - LEXPYME Abogados Economistas

AREAS OF PRACTICE

DATA PROTECTION

In today’s economic and social environment, information and data management’s importance is unquestionable, whose security and protection against misuse are no longer abstract risks.

Strict compliance with data privacy laws must be a priority for all companies.

The significant changes introduced by the new data privacy regime are evidence of a significant transformation of the global data privacy environment, which means increasing levels of reputational risk and sanctions for non-compliance.

The value of one of the most important assets a company owns, data, could be seriously affected without professional advice and careful planning.

At LEXPYME we have a team of lawyers specialising in data protection, management, and confidentiality, who identify needs to offer personalised legal advice and efficient solutions that provide solidity and legal security to the client.

A crucial part of the process is the strategic report, where a detailed analysis is carried out for the design and implementation of compliance programmes and advice on data protection.

  • Development of GDPR compliance programmes, comprehensive review of implemented data privacy systems and processes for analysis of their compliance with the new regulation.
  • Review of personal data processing justification strategies for compliance with the new regulation, particularly concerning consent.
  • Analysis of the organisational measures to address the legal requirements in some issues such as the appointment of a data protection officer, data privacy impact assessment and modification of company policies.
  • Advice on international data transfer, with detailed review of situations where a country outside the EU has adequate safeguards for protecting personal data through the use of binding corporate standards equivalent to the EU.
  • Management of outsourcing by identifying existing contracts involving the processing of personal data and their analysis to ensure compliance.
  • Drafting framework agreements and model forms for data transfer with easy adherence to legal requirements.
  • Planning of defence strategies for data security breach situations, drafting allegations in case of breach of data protection law, representation of clients before data protection authorities and courts.
  • Drafting of security documents and privacy policies for public and private organisations.
  • Data protection and security audits.
  • Projects for adaptation to the General Data Protection Regulation.
  • Strategies for regulatory compliance.
  • Defence of companies in Spanish Data Protection Agency (AEPD) sanctioning proceedings, and before the contentious-administrative jurisdiction.
  • Negotiations with the AEPD.
  • LOPD Consultancy.
  • Compliance solutions.
  • Preliminary impact analysis for sensitive or high-risk processing tasks.
  • Crisis management derived from security breaches (mandatory notifications to the AEPD and affected parties).
  • Development of internal training programmes for those responsible for Data Protection.

More information on Data Protection

The EU’s General Data Protection Regulation (GDPR) is a clear example of new and stricter regulatory standards, focusing on the privacy of individuals’ data.

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, General Data Protection Regulation (“GDPR”), entered into force on 25 May 2018. The GDPR retains and builds on the principles of the current EU regime, focuses on protecting the individual’s privacy rights and confronts many business models that assume that data can flow freely and without restrictions on its use, introducing severe penalties for non-compliance. One of its primary purposes is to establish a legislative framework for protecting personal data on the Internet, forcing companies and organisations to be more committed to the processing of personal data and files.

In Spain, the current regulation governing this matter is the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD), which came into force on 6 December 2018, replacing the former Organic Law 15/1999 on the Protection of Personal Data.

The LOPDGDD aims to adapt Spanish legislation to European regulations, as defined by the General Data Protection Regulation (GDPR).

This legally required adjustment to the new regime will require radical and essential changes for most companies, otherwise, they will be exposed to unprecedented regulatory risk.

Strict compliance with data privacy laws should be a priority for all companies.

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