Data Protection Law: 7 steps to comply with requirements

The Data Protection Law, regulated in Spain by the Organic Law 3/2018 of December 5,(LOPD), complements the European regulations(RGPD) and is primarily intended to protect the fundamental rights and freedoms of natural persons, in particular the right to the protection of personal data. Therefore, the data protection law regulates the processing of personal data and reinforces data security.

What are the objectives of the Data Protection Act regulations?

The objective of the Data Protection Law is:

Protect citizens and give them control over their personal data.
Strengthen the rights of individuals to access, delete or modify their data if they wish to do so.
Create more transparency and uniform data protection standards.

All organizations, both public and private (companies or self-employed), that process personal data (paper or computerized) must approve and implement the LOPD requirements established in the Data Protection Law.

7-step plan to comply with LOPD requirements

Complying with the requirements of data protection law should be a top priority for your company. So if you are not yet up to date with the current Data Protection Act, it is high time you did so.

Create an action plan

The Data Protection Act requires a strategic action plan to implement the regulations. This plan must consider all areas where it must be applied.

2. Appoint a delegate to guarantee the Data Protection Law.

It is important, and even mandatory for some companies, to appoint a data protection officer (DPO) within the company, or to hire one externally. Because of their experience, a data protection officer can ensure that your company operates in compliance with the law. Analyze well if he/she has experience and with whom he/she works, so as not to make a mistake.

3. Update the privacy policy

Key requirements include companies updating their privacy policy in accordance with GDPR / GDPR regulations. An important term here is data classification. Your company must define classification levels for handling personal data, and record them in the data protection policy.

4. Implement strong security mechanisms

Your company is also responsible for implementing security measures to detect and prevent breaches of privacy and use of personal data.

These measures can be determined by means of an Impact Assessment(IAIA).

5. Verify compliance with the Data Protection Act in day-to-day business.

You must ensure that all business partners and suppliers who have access to and process personal data also act in a manner that is compatible with the Data Protection Act. This refers, for example, to tax or employment advisors, computer programs that are commonly used in the company.

6. Data encryption to guarantee the data protection law

Companies should encrypt personal data: on the one hand to ensure its security and on the other hand to prevent data loss.

7. Involve all staff in the importance of data protection law.

This regulation affects many departments of a company. Therefore, for an adequate level of data protection, it is important that all employees are adequately trained in the Data Protection Act, even if they do not work directly with data.

Penalties for non-compliance with the LOPD

Compliance with the Data Protection Act is basically monitored by the responsible supervisory authority in each EU country. This supervisory authority also has the option of imposing fines in case of violations. And violations of data protection law not only result in fines, but also in loss of image, damage claims, labor law consequences, criminal sanctions and others.

After all, companies must be the guardians of the personal data of their customers, employees, etc., and compliance with the Data Protection Law is essential to protect the privacy and confidentiality of the information of those who trust them.

Business Adapter® at your service

If you want us to help you to comply with the European and Spanish Data Protection Law (RGPD + LOPD) to which any company or freelancer is obliged, contact us by email: info@businessadapter.es, you can also call 96 131 88 04, or leave your message in this form:

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