With the entry into force of the new law on personal data lopd, all companies and businesses are revolutionized to ensure that they comply with the regulations and that they do not suffer sanctions. Since the lightest fines can range from 900 and the 40 thousand euros, depending on the circumstances and factors involved, it is clear that they do not exist no one who wants to risk suffering this kind of problem. But, What does the introduction of this change in the LOPD mean? What are large companies going to have to comply with in a mandatory way, SMEs and even the self-employed? The news are extensive and even when they have been talking about them since the law came into force in 2016, there are still doubts and aspects to be solved as soon as possible.
The law goes into effect
After the new version of the LOPD was proclaimed in 2016, We only had to wait to see that it was inevitable that the day would come when its regulation would be mandatory. This happens the 25 May 2018, term that has made all companies go to work immediately throughout this year so as not to remain excluded from the corresponding obligations.
With the entry into action of the change of law we have to know that the data will be more protected than ever and that now the client and the consumer in general, will have real power in connection with the right to be forgotten. What used to be a theory an opportunity that was lost in the ambiguity of obligations of business, now it becomes a fundamental factor. And we see it with something as simple as that all companies and businesses are going to have to specify the legal basis and the way in which they are going to treat customer data clearly.. It does not serve a united verbiage that says nothing, but the customer has to be clear and understand how their personal data will be used. Besides, It is also a requirement of the new law to stipulate the time during which the data will be stored so that the user knows them thoroughly.
What is going to achieve with the implementation of these changes In the law? Mainly that companies cannot continue to carry out certain practices that do not look good under any circumstances. In the past, companies could obtain customer data that were not really necessary in the service provision processes and that were later marketed to third parties under conditions not communicated to the customer. This will be regulated so that incidents of this type do not occur again.. It was mentioned that the consent given by clients was “addicted”, because ambiguity was played with to obtain benefits from it in a way that the user was not aware of. This is all controlled now. Besides, now it is absolutely on the table that the user can request that their data be deleted and that therefore the law of the right to be forgotten how much demand was the public.
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Another of the main obligations to which companies and businesses are subject with the entry into force of the new data protection law, It is the need to have a person who is in charge of supervising the entire procedure. This person receives the specific position of DPO and it has been one of the factors that have been entered for the first time in large companies, according to the definition of the change of law in 2016. The entry on the scene of this person serves so that companies have a direct link between the day-to-day corporate day and the application of the regulations, as well as in data protection.
Hiring the DPO You must inform the AEPD (Spanish Agency for Data Protection) so that the entire procedure is carried out following the regulations. The figure of the DPO assumes a very active role and has to attest that it has been clearly and comfortably trained to be able to protect the integrity of the data collected from customers and users. Anyway, there are also infractions for companies that do not have their own DPO specialist.
