El nuevo marco normativo de la protección de datos

Abstract

This article analyses the situation of the Spanish legislation on data protection after the 25 May 2018, when the General Data Protection Regulation will be fully effective, pending the approval of the future Organic Law on Data Protection. The European Regulation, as a rule directly applicable, already has regulatory effectiveness by itself, without the need for any act of transposition or adaptation in the domestic law; also it has prevalent and absolute primacy over the various national rights in every aspect that might be in contradiction with it. The new way of obtaining consent, the requirement for the whole public sector and for part of the private sector to have a Data Protection Officer, the new scheme of penalties and the new rights, certainly constitute the major developments of the GDPR which is going to be the legal standard with the greatest impact.