Spain has not done its duties in terms of Data Protection. After months of waiting, Europe has decided to fine Spain 86,000 euros a day until transposition is performed. The Court of Justice of the European Union has issued a release where it explains that Spain is condemned to “pay a sum of 15 million euros and a daily coercive fine of 89,548.20 euros for not having yet transposed a Directive or communicated the measures to transpose it.”

Specifically, it is the ‘Directive on the protection of personal data within the framework of the prevention and detection of criminal offenses‘. A European law that should have been adapted to the Spanish framework and where, despite being sent in writing, Spain has not complied.

Spain is months behind in its Data Protection duties

Already in March 2019, Spain indicated that the procedure was ongoing and should be finalized in March 2020. At that time, a delay due “essentially to the particular political context and the need to transpose the Directive by means of an organic law “.

Months have passed since then and Spain still does not have the European directive transposed into the national framework, so the European Court of Justice has decided to act.

#ECJ: #Spain ordered to pay a lump sum of € 15 million and a daily penalty of € 89,000 for failing to transpose or communicate transposition measures regarding the Directive on the protection of #PersonalData for the purposes of the prevention and detection of criminal offences

— EU Court of Justice (@EUCourtPress) February 25, 2021

Spain does not deny the delay and is justified in the exceptional situation, arguing that the fine should take this context into account to assess its amount.

The last February 11, 2021, the Government presented in the Congress of Deputies its’ Draft Law Organic protection of personal data processed for the purposes of prevention, detection, investigation and prosecution of criminal offenses and the execution of criminal sanctions. (121/000046) ‘.

This law is being processed urgently, but until February 1, room for amendments is given and until February 3 for the extension of amendments. A few more days where Spain will have to pay thousands of euros for not having done homework on time.

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