Client consent in accordance with the current European norms. Until now, in order to request and achieve client consent the Spanish Data Protection Law (LOPD) was in effect. This Law allows tacit, implied or even unspoken client consent. However under the new European norm within less than a year everything is going to be completely different. The new norm called Data Protection Regulation (GDPR) officially came into effect in May, 2016 and will be mandatory as of May 25, 2018.
From that very moment, explicit consent will be required in order to handle the personal data corresponding to each and every one of your clients. This means that no longer will their silence be deemed enough, nor the boxes that the client may not have checked to indicate that he/she/it has not stated the opposite: the client has to expressly give his consent and corporations will have to have this consent on file, so as to have full legal guarantee and have the right to use it in any legal proceedings.
Moreover the manner in which fines will be levied is also changing dramatically as The Spanish Data Protection Agency (SDPA) will no longer act once a complaint has been placed but rather will be allowed to act on their own accord and initiative. These fines will also be much, much larger than before, with the “severe” cases being as high as régimen sancionador también cambia ya que la 10 Million Euro or a total of 2% of the company’s gross sales, being defined by whichever of these two sums is greater and when the infraction is classified as being “very severe” it may be as high as 20 Million Euro or a total of 4% of the company’s gross sales being defined by whichever of these two sums is greater in this case as well.