Data Protection in Spain

Data Protection in Spain: Key Legal Obligations for Businesses in 2025

Learn about the legal requirements for data protection in Spain to avoid fines and keep your customers safe.

Does your business collect data from customers, subscribers, or employees? Then yes, you’re legally required to comply with data protection regulations. And in 2025, compliance isn’t just good practice — it’s mandatory, with stricter sanctions and automated audits from the authorities.

This article explains what your company must do to comply with data protection laws in Spain in 2025 — without getting lost in legal jargon (or slapped with a fine from the AEPD).

What data protection laws apply in Spain in 2025?

As of 2025, the main regulations are:

  • GDPR (General Data Protection Regulation) — applies across the EU.
  • LOPDGDD (Organic Law 3/2018) — adapts GDPR to the Spanish context.
  • New guidelines from the European Data Protection Board (EDPB) — especially stricter controls on AI, cookies, and automated processing.

Key data protection obligations for companies in 2025

1. Clear user information

Forget unreadable, endless privacy texts. In 2025, clarity and transparency are non-negotiable. You must provide:

  • Straightforward privacy policies.
  • Information on what data you collect, how you use it, and who it’s shared with.
  • Explicit consent if data is shared with third parties.

Legal Allies Tip: Use icons or interactive summaries to improve understanding — the Spanish DPA (AEPD) appreciates this.

2. Document all data processing

You need an internal record of processing activities detailing:

  • What data you collect.
  • How it’s stored.
  • Who has access.
  • How long you keep it.

This is mandatory even for SMEs if you process sensitive or systematic data.

3. Guarantee user rights

In 2025, ARSULIPO rights (Access, Rectification, Erasure, Restriction, Portability, Objection) still apply, but enforcement is tighter:

  • Respond within 1 month.
  • Provide a visible and functional channel for exercising rights.
  • Log every request, response, and timeline.

4. Implement technical and organizational safeguards

GDPR requires more than good intentions. You must take real action:

  • Data encryption.
  • Access controls.
  • Secure backups.
  • Breach response protocols.

Warning: If you have employees or outsource services (CRM, hosting, AI, etc.), you must audit your providers too.

5. Conduct impact assessments and appoint a DPO when required

If you process large-scale or automated data (as many AI projects do), you must:

  • Carry out a Data Protection Impact Assessment (DPIA).
  • Appoint a Data Protection Officer (DPO), even externally if needed.

6. Cookie compliance and similar technologies

By 2025, regulators like the AEPD are seriously cracking down on cookie abuse:

  • Consent banners must be clear — no tricks.
  • Rejecting must be as easy as accepting.
  • Offer granular configuration by category.

7. Internal training and a culture of data protection

Human error is still one of the top causes of data breaches. So make sure to:

  • Provide regular training.
  • Create clear protocols for staff and contractors.
  • Stay updated on legal changes.

What happens if companies in Spain don’t comply?

Fines for GDPR breaches in 2025 can reach up to €20 million or 4% of global turnover, whichever is higher. Plus, non-compliance can lead to:

  • Reputational damage.
  • Loss of customers or contracts.
  • Class action lawsuits.

Data protection is no longer optional or a task for just the legal or IT team. In 2025, it’s a company-wide responsibility.

At Legal Allies, we help you implement privacy policies, review third-party contracts, create response protocols, and train your team. Because staying compliant doesn’t have to be complicated — if you’ve got the right legal ally.

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