The processing of personal data in the course of a professional or commercial activity entails the obligation to comply with the current legislation on the protection of personal data.
Those controllers and data processors are the ones who must ensure that the legislation is complied preventing the imposition of sanctions that can become very heavy in administrative channels and serious penalties, and may directly affect the company itself as a legal person.
Having legal and technical support to comply with the rules of personal data protection not only brings preventive benefits of penalties for the company and those controllers and data processors, but also is a way to generate confidence and security for customers and suppliers that will be protected their personal data.
Consequences of non-compliance with the Law
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, and repealing Directive 95/46/EC (General Data Protection Regulation-GDPR) applicable from 25 May 2018, non-compliance with it’s provisions shall be subject to administrative fines up to 20.000.000 EUR, or in the case of an undertaking, up to 4% of the total worldwide annual turnover of the preceding financial year, witchever is higher.
Also member States shall lay down the rules on other penalties applicable to infringements of this Regulation and shall take measures necessary to ensure that they are implemented. Such penalties shall be effective, proportionate and dissuasive.
The Spanish Penal Code criminalizes certain behaviors that violate the fundamental right of personal and family data protection, predicting for those controllers penalties of imprisonment and fine.
In addition, the criminal responsibility of the company itself as a legal person can also be decreed, in this case the penalty of fine and the possibility of decreasing its judicial intervention or its dissolution, the suspension of its activities, the closure of its premises and establishments, the prohibition to carry out in the future activities in the exercise of which it has been committed, favored or concealed the crime, as well as disqualification to obtain public subsidies or to contract with the public sector, and to enjoy tax and social security benefits and incentives.
HOW CAN WE HELP YOU:
- Advising on legal and technical aspects.
- Adapting the companies and entities to what is foreseen in each moment the regulations of personal data protection and recommending the implementation of technical measures for its effectiveness.
- Performing legal and technical audits.
- Intervening in its defense in the administrative and / or judicial procedures in case of denunciation or inspection by ex officio for infraction of the regulation.
- Training those controllers and data processors of the organization and other personnel, to ensure compliance with the security protocols and current regulations.