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New Organic Law about Data Protection and Digital Rights

The new Organic Law about Data Protection and Digital Rights, that adapts the national regulation to the European Data Protection General Regulation, was approved by the Senate Plenary last 22 November, being pending for its entry into force its publication in the State Official Newsletter that will take place next days.

Among the novelties of the new regulation it stand out the regulation of the internet and information technology rights, both in the private sphere and in the labor, the determination of different penalties according to the infractions committed, the recognition of the right to forget and the extension of the responsible and managers of the treatment that are obliged to assign a Data Protection Delegate.

The regulation of the credit information (what is known as a files of defaulters) is also novel, because it reduces to 5 years the maximum period of inclusion of debts, that it must be for a minimum amount of 50€ and that has not been subject to administrative or judicial claim by the debtor through an alternative procedure of resolution of disputes binding between the parties, thus applying the reiterated doctrine of the Supreme Court.

The new Organic Law specifies the basic information that must contain the mandatory information to the affected at the time of obtaining their personal data by reducing the information and response by the Responsible to the exercise of rights by those affected by the European standard.

Likewise, it develops the regulation of the treatment of images for the purposes of video surveillance, as well as the optional system of internal complaints, determines in which cases it is mandatory to carry out an impact evaluation by the person in charge and lists the responsible persons a Delegate from Data Protection.

Likewise, the new Organic Law about Data Protection and Digital Rights presents multiple final provisions amending various regulations, such as the Organic Law of the Judiciary, the Law of Civil Procedure and the Law of the Workers' Statute, among other regulations.