On July 27, the Spanish government approved Royal Decree-Law 5/2018 in order to adapt the Spanish legal system to the European Data Protection Regulation (hereinafter, “RGPD”) in those specific aspects whose regulation is not reserved. to Organic Law but that do not admit delay.
This Royal Decree-Law will be in force temporarily, until the entry into force of the new organic data protection legislation, the purpose of which will be to adapt the internal regulations to the standards set by the European Union. Indeed, let us remember that, as of today, the draft Organic Law on data protection, approved by the Council of Ministers in November 2017, is undergoing parliamentary proceedings.
Thus, this Royal Decree-Law intends to regulate those aspects that are not strictly reserved to the aforementioned Organic Law, but rather, as the GDPR points out, must be completed by the internal regulations of each state. These are, for example, the inspection, the sanctioning regime and the procedures in case of violation of the RGPD, relevant aspects for the effective guarantee of the right to the protection of personal data.
Specifically, the Royal Decree-Law:
* Identifies the competent personnel for the exercise of the powers of investigation that the RGPD grants to the control authorities.
* Regarding the sanctioning regime, it replaces the offending types provided for in the still in force Organic Law 15/1999 by those established in sections 4, 5 and 6 of article 83 of the RGPD, defines the subjects that may incur the responsibility derived from the application of said sanctioning regime, and regulates the prescription periods of infractions and sanctions.
* It contains the regulation of the procedure in case there is a possible violation of the RGPD.
In short, the recent Royal Decree-Law fills the legal gap caused by the delay in the promulgation of a new Organic Law on data protection in Spain, especially taking into account the lack of protection of citizens of the fundamental right to privacy. .
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