How Spanish data protection law differs from the GDPR

Spanish organic law on data protection (Organic Law 3/2018) makes several specifications regarding various opening clauses of the GDPR. Those are for instance data subject rights, rules on the mandatory appointment of a DPO, child’s consent and information duties. Beyond adapting the Spanish legal system to the GDPR, Spain’s organic law on data protection provides additional rules for digital rights of citizens and employees: e.g. rights to internet access, digital education and digital disconnection in the workplace.

With Organic Law 3/2018, Spain has made some considerable derogations from the GDPR, which should definitely be taken into account.

In the following, you will find the additions and derogations to the GDPR on the most important topics of personal data protection for companies. If topics are not linked, there are no derogating or specifying provisions in the national data-protection law.

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