Minden Real Estate

Business Updates for the Real Estate Industry

Spanish Agency

The Spanish Agency of data protection is already implementing the figure of the admonitory regulated in article 45.6 of the LOPD. This figure was introduced by law 3/2011 sustainable economy which modified the penalty system of the data protection act. Empowers the Agency, in exceptional cases, to not open disciplinary procedure against the infringer and instead culminated him, understood as making a reproach, for minor or serious breaches that the offender had been committed, forcing him to take corrective measures that are choosing to restore the initial situation, within the period laid down by the Agency, and not to again produce the breach of the law for the same reasons. If it is not restituyese the situation within the stipulated time limit, the Agency would continue with the opening of the sanctioning procedure. For the implementation of this new figure required main, or previous requirements are that the offender was not punished or learned previously and that the facts were constituent as mild or severe infringement according to the law; and accessories requirements, that by no means less important, regulated in article 45.4 and 45.5 of the Act such as the recognition of the responsibility, the intentionality, volume of business, profits, regularization of the illegally in a diligent manner the national audience for his part also is recognizing implementation of this figure, when the Spanish Agency has not done so, and the requirements demanded in the law (judgment of 17 June 2011). The procedure would be as follows: the AEPD receives complaints about possible infringement of the right to protection of personal data. Opens the dossier for verification of the facts, prior to the opening of the disciplinary record. In test phase the AEPD may ask the alleged offender how much documentation considered pertinent. Although the data protection act does not indicate nothing about the right of defence of the alleged offender, pursuant to article 79 of law 30/92 of the procedure Administrative, this may be how many arguments it deems appropriate; perform on-site checks, and in this case the inspector shall draw up a record that will be offered for the signature of the person under investigation where this may also make allegations.