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.