The European regulation RGPD is one of the most important regulations nowadays, both for its transversality, affecting a wide range of companies in all sectors, and the sanctioning activity that it generates and that is executed by the Spanish Data Protection Agency, one of the strictest in Europe. In the coming weeks we will share with you content on this regulation to analyze it, explain the obligations it includes, give you keys to compliance with guarantees and tell you how we can accompany you in this process.

Todo lo que querías (y necesitas) saber sobre la Normativa RGPD

Context and background

Data protection law in Europe has its roots in the post-World War II era, when concerns began to emerge about the potential misuse of personal data with the advent of computers and the increasing collection and storage of personal information. In response to these concerns, a number of initiatives were undertaken to establish principles and frameworks to protect the privacy and data rights of individuals. If you would like to learn more, we recommend this content we published some time ago on our blog.

Material scope of application

All the provisions of the General Data Protection Regulation must be applied to all files, both in paper and digital format, that process personal data such as: name, surname, national identity document or equivalent, postal address, telephone number, IP, voice and photographs, among others.

And territorial scope of application

European data protection regulations must be complied with by all natural or legal persons who process personal data and who are based in the European Union, regardless of where the data is processed. But, in addition, persons or companies that, although located outside the EU, process personal data of EU citizens in connection with the supply of goods and services or monitor the behavior of persons resident in any of the Member States are also under its influence . In the event that companies subject to the GDPR for the reasons explained above are not based in the EU, they will have to appoint a representative in one of the countries that are part of the EU.

Europe and other countries (U.S.)

While in Europe we tend to rely on the State, the United States prefers a more individual-based management, trying to limit the role of the State as much as possible and reserving it for rare exceptions. If we focus on data protection regulations, the differences between the two territories seem at first sight insurmountable: while in Europe a paternalistic conception of data protection predominates, where the citizen is the owner of his personal data, in the USA it is exactly the opposite, it is the companies that own the data. The following is a simple comparison of data processing in Europe and the USA.

EUROPE USA USA
Control authorities There is one per country There is not
Scope of regulations General scope and sector-specific regulations (e.g., health). It is resolved on a case-by-case basis
Type of regulatory approach Preventive: avoid infringement of rights. Reactive: everything is resolved in the courts.
Lawfulness of data processing Data is only collected when it is necessary for the purpose for which it was collected and only that which is strictly necessary. Data is collected when it is in the interest of the company and/or the business.
Penalty regime Penalties are set out in the data protection regulations. They are decided and applied on a case-by-case basis.

Obligations for companies

Data protection law in Europe has had a significant impact on the way companies and organizations handle personal information. It has boosted transparency, accountability and individual control over data, fostering trust in the digital economy. However, e

he landscape continues to evolve at a rapid pace. The emergence of new technologies, such as artificial intelligence and bigdata, poses new challenges and requires constant adaptation of the legal framework. In fact, the European Union is currently reviewing the GDPR to ensure that it remains fit for the digital age. This is why companies, in this context, have to improve their processes and have 360º secure solutions. And here it is important to have a reliable qualified and trustworthy e-services provider, such as Grupo MailThis is the case of Mailcomms Group, which is also certified in the main information security and privacy standards, such as: ISO/IEC 27001 and ISO/IEC 27701, to which is added its accreditation in the high level category in the National Security Scheme.

Soraya de Caso

Manager Consultoría Legal de Negocio.

Licenciada en Derecho por la Universidad de Valladolid. Esta especializada en protección de datos y seguridad de la información tanto en el sector publico como en el sector privado como Compliance Officer & Data Protection Officer. Posee la certificación Lead Auditor ISO/IEC 27001 y numerosas formaciones en materia de seguridad y privacidad.-

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