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Legislative Framework: Data Protection


Legislative Framework: Data Protection

Learn from the hand of two experts the legal framework in which digital marketing is immersed.
During the last session of the Master in Direct and Digital Marketing , the participants made the first immersion in the necessary legislative framework that they need to know to tackle any digital project. The content of the session revolved around the Organic Law on Protection of Personal Data ( LOPD ) and the Law on Information Society Services ( LSSI ). The professors in charge of teaching this class were Cristina Mesa and Daniel Caccamo, lawyers specialized in intellectual cell number database , new technologies (IT), electronic commerce, audiovisual law and telecommunications from the prestigious Garrigue s law firm . We are grateful to both of them for making the content more enjoyable, making constant references to real examples that helped the students understand and observe their practicality. After class, they agreed to participate in an interview to explain the most interesting concepts applied to our digital environment. What does the LOPD regulate and to what extent does it intervene in the digital world? The purpose of the LOPD is to guarantee and protect, with regard to the processing of personal data, public freedoms and fundamental rights of natural persons and, especially, their honor and personal and family privacy. The law is applicable to those responsible for the treatment established in Spain who process personal data through their web pages, so it fully affects the digital world and the activity of information society service providers. Spaniards, who are subject to your observation. When we work day by day with personal data of clients, suppliers or workers, we must have a basic knowledge of how data protection regulations work in Spain.


Has it undergone any legal evolution to adapt to the digital revolution? Has it fully adapted to current regulatory needs?
The LOPD has undergone some modifications since its approval at the end of 1999 and, in particular, it was subject to development as a result of the approval, in December 2007, of its development regulations (Royal Decree 1720/2007, of December 21) . Likewise, it is the object of constant interpretation by the Spanish Data Protection Agency (AEPD), one of the most prolific in the European Union in the matter, in the form of legal reports and resolutions in which the criteria of interpretation of the rule. In this sense, it can be said that, although reality (or technology) usually goes a few steps ahead of the law, the LOPD and its implementing regulations can be adapted to many of Betting Email List that the digital world poses today. privacy-policy-510736_640 Are digital companies aware of the requirements of the LOPD? How can ignorance of the LOPD affect the operation of a digital business?
In general terms, we can say that digital companies are aware of the existence of regulations regarding the protection of personal data, although sometimes they do not implement it correctly. Those who are not, should therefore, apart from the penalties provided by the LOPD (which can reach up to 600,000 euros in the most serious cases), know that there is a considerable reputational riskassociated with non-compliance with this regulation that can have an even greater impact on the development of a digital business than economic sanctions. Consumers and users are increasingly aware of the rights that assist us in terms of data protection and, in certain cases, the recognition of these rights by a provider can be crucial when deciding whether to register or not. on a digital platform, a social network or an e-commerce page. What is being done right and what is being done wrong?
For some time now, the Spanish Data Protection Agency has come to emphasize that many data controllers, especially those who base their business on the digital world , do not correctly select their digital service providers (for example, web page hosting and files, email managers, etc.). When doing so, it is important to take into account the requirements set forth in the LOPDto guarantee the security of personal data, avoiding its alteration, loss, treatment or unauthorized access. These precautions should be implemented taking into account the state of the technology, the nature of the stored data and the risks to which it is exposed. Taking into account the high penalties that can be imposed on us and the reputational risk we run, if we are responsible for the processing of personal data of our users, we are obliged to ensure the correct application of the LOPD both by our staff and by the companies to which we entrust part of the provision of the services offered to the end user. Any more advice? Yes. It is important that together with the data protection regulations we have a basic knowledge of the other laws that affect direct and online marketing . There are many rules that regulate our activity, such as consumer and user regulations, intellectual and industrial property, image rights, etc. Although marketing professionals do not have to be lawyers, it is important to have some basic legal notions that will make a difference with our competitors and, in addition, can save our companies a lot of money.

Ana Rosa Álvarez

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