Key changes of the new basic law on Data Protection and digital rights guarantees

New Basic Law 3/2018 on Data Protection and digital rights guarantees was published in Spain’s Official Gazette on 6 December 2018.

December 10, 2018

New Basic Law 3/2018 on Data Protection and digital rights guarantees was published in Spain’s Official Gazette on 6 December 2018. This Law -that is made up of 97 articles and numerous provisions- will enter into force the next day after its publication. Its purpose is to harmonise the Spanish legal system to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation (“GDPR”), and to define and guarantee the so-called digital rights of citizens.

This law repeals Basic Law 15/1999 (“LOPD”), Royal Decree-Law 5/2018 enacted on 27 July (that transitorily incorporated some provisions of the GDPR into the Spanish legal system) and all the legal provisions of equal or inferior rank that contradict or that are incompatible with the GDPR.

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