Spain Adopt GDPR Emergency

On Jul. 30, Spain issued law to urgently implement part of GDPR.

  • Temporary legislation passed to implement necessary part of EU GDPR regulation.

Need for Decree Law

  • Constitution provides, in case of extraordinary and urgent need, the Government
    may make temporary legislative provisions which shall take form of a decree-law.
  • Follows entry into force across EU, of new GDPR, on May, 25, 2018.
  • Provisions of domestic law not in conformity considered to be displaced by GDPR.
  • This would revise several parts of 1999 law on protecting personal data (LOPD),
    and its development regulation, approved by royal decree 1720/2007 of Dec. 21.
  • Ministers draft organic law of Nov. 2017 still currently passing through congress.


  • Only affects issues whose immediate incorporation into domestic law is essential
    for proper application in Spain of EU GDPR, and are not excluded by constitution.
  • Addressed need to identify competent personnel to exercise investigative powers.
  • Described the new sanctioning regime established under Art 83 of GDPR regime.
  • Set out regulation of the procedure, in case there is a possible violation of GDPR.


  • Comes into force on Jul. 31, 2018, day following its publication in official gazette.
  • Will be valid until new organic data protection legislation is passed by parliament.