All the keys to understanding the new GDPR and how it affects SMS

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The General Data Protection Regulation (GDPR) is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Personal Data Protection Directive).

This European regulation came into force on May 25, 2016, but it didn't become mandatory until May 25, 2018. Businesses and organizations have had two years to adapt to its compliance, although in practice, it was only this year that companies began to take notice and are adapting all their processes.

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What's happening with the LOPD and the LSSI?
In Spain, the GDPR effectively replaces Organic Law 15/1999 on the Protection of Personal Data (LOPD) . However, the LOPD has not been repealed and remains in force for all matters that do not contradict the GDPR until new legislation is approved to replace it.

In general, the LOPD was already quite demanding regarding the processing of personal data, so companies that were doing things right will not encounter major difficulties adapting to the new regulations.

Law 34/2002 on information society services and electronic commerce (LSSI) remains fully in force and, just as it coexisted with the LOPD (Spanish Data Protection Act), it now coexists with the GDPR. The LSSI, as its name suggests, regulates information society services, for example, services offered over the Internet.

In this regard, the report issued by the legal department of the Spanish Data Protection Agency (AEPD) is very interesting, addressing questions related to the sending of commercial communications based on the legitimate interest of the GDPR. If the communications are non-electronic, the GDPR applies, but if the communications are electronic, then the legitimate interest would not be valid, as the LSSI is a specific regulation for this type of communication.

Finally, the EU has a proposed regulation on privacy and electronic communications that aims to harmonize both regulations.

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Personal data management
In a globalized world, the new regulation aims to harmonize brazil phone number data the management of personal data and affects not only companies within the European Union but also those that, outside the EU, manage personal data of EU citizens.

Personal data is the property of the individual, and the new regulation grants them a series of rights to manage it: the right to be informed, the right of access, the right to rectification, the right to erasure or erasure, the right to restriction of processing, the right to data portability, the right to object, and the right to file a complaint with the supervisory authority (the Spanish Data Protection Agency) if the data processing is deemed to be inadequate.