Category
Regulations & Sanctions
Analysis of data protection regulations in Spain: GDPR, LOPDGDD, AEPD sanctions and how to protect your business against non-compliance.
The data protection regulatory framework in Spain consists of the General Data Protection Regulation (GDPR), which has applied directly across the European Union since May 2018, and Organic Law 3/2018 on Personal Data Protection and Guarantee of Digital Rights (LOPDGDD), which complements and adapts it to the Spanish legal system.
The Spanish Data Protection Agency (AEPD) is the body responsible for supervising compliance and sanctioning infringements. Fines can reach €20 million or 4% of global annual turnover, depending on the severity of the infringement. But beyond the financial penalty, the reputational damage from a published resolution can be equally harmful.
In this section you will find analysis of the most frequent infringements, how the AEPD responds to a complaint or inspection, and what specific measures effectively reduce the risk of sanction.
Articles on Regulations & Sanctions
Processing of personal data: disclosure, processor and international transfers
What processing is (art. 4.2 GDPR), the difference between disclosure to a third party and a data processor (art. 28), and the valid mechanisms for transfers outside the EEA: adequacy decision, standard contractual clauses and the Data Privacy Framework for the US.
Pseudonymisation and anonymisation of data: what they are and why they are not the same
The key difference between pseudonymisation (art. 4.5 GDPR, the data remain personal) and true anonymisation (outside the scope of the GDPR, recital 26). Why confusing them is a common mistake and how to use pseudonymisation as a security measure.
AI Act: complete guide to the European Artificial Intelligence Regulation
Complete guide to the AI Act (Regulation EU 2024/1689): structure, risk-based approach, prohibited practices, high-risk systems, general-purpose AI models (GPAI), transparency, governance (AESIA and AI Office), penalties and 2025–2027 application timeline.
GDPR non-compliance: sanctions, consequences and how to protect your business
GDPR and LOPDGDD non-compliance is one of the most frequent legal risks for Spanish businesses. Understand the sanctions and how to avoid them.
LSSICE: complete guide to the Spanish Information Society Services Act
Complete guide to the LSSICE (Law 34/2002): legal notice requirements, anti-spam rules, cookies, electronic contracting, penalties and interaction with the GDPR and LOPDGDD.
GDPR: complete guide to the General Data Protection Regulation
Everything you need to know about the GDPR (Regulation (EU) 2016/679): structure, principles, lawful bases, rights, obligations, DPO, DPIA, international transfers and penalties. With tables.
LOPDGDD: complete guide to the Spanish Data Protection Organic Act
Everything you need to know about the LOPDGDD (Organic Law 3/2018): structure, obligations, rights, penalties, mandatory DPO and digital rights. With tables.
What is data protection: complete guide
What data protection is and what obligations the GDPR and LOPDGDD impose on any company or self-employed professional processing personal data in Spain: principles, legal bases, rights and minimum documentation.
Frequently asked questions about regulations & sanctions
What are the most common infringements sanctioned by the AEPD?
The most frequent infringements include: lack of a legal basis for processing, failure to inform data subjects, use of invalid consent clauses, absence of Data Processing Agreements, CCTV without signage or registration, and failure to respond to rights requests within the legal one-month deadline.
How does the AEPD act when it receives a complaint against a business?
The AEPD opens a preliminary investigation phase to assess the facts. If it finds evidence of an infringement, it initiates a sanctioning procedure with an instruction phase and a hearing for the party concerned. The organisation may submit arguments and evidence. If the infringement is established, the resolution may include a fine, corrective measures and an obligation to demonstrate compliance within a set deadline.
What is the difference between a minor, serious and very serious infringement?
Minor infringements (up to €40,000) cover minor formal non-compliance. Serious infringements (up to €300,000) affect basic GDPR principles such as the lawfulness of processing or data subject rights. Very serious infringements (up to €20 million or 4% of global turnover) apply to fundamental violations such as processing special-category data without a legal basis or unlawful international transfers.
Do you want to reduce your exposure to sanctions?
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