SPAIN Trends and Developments Contributed by: Mario Sol Muntañola, Sol Muntañola Abogados
In Spain, the fundamental right to the protection of personal data is based on Article 18.4 of the Spanish Constitution. The regulation of this right, also referred to as the right to privacy, has evolved significantly to the current framework, which is mainly based on Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation or GDPR). Organic Law 3/2018, of 5 December, on the Protec- tion of Personal Data and Guarantee of Digital Rights (LOPDGDD) – which repealed the 1999 data protec- tion law – aligned Spanish legislation with the GDPR and also introduced specific provisions aimed at safe- guarding a range of digital rights.
These include rules on net neutrality and universal internet access, requiring service providers to ensure a transparent network with universal access, free from discrimination on technical or economic grounds; dig- ital security and education, recognising the right to safe digital environments and adequate training for the responsible use of technology; the protection of minors online, to ensure the safe use of digital devic- es; the rectification and updating of online information, commonly known as the “right to be forgotten”, which allows for the deletion of outdated or irrelevant data or the correction of inaccurate information; privacy in the use of digital devices in the workplace, limiting employers’ access to devices provided to employees and safeguarding their privacy; and the right to digital disconnection from work, ensuring respect for rest, leave, holidays and personal and family privacy out- side working hours.
329 CHAMBERS.COM
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