10 de October de 2018
Experts in legislation, companies and users took part in a Management Conference organized by the Spanish Marketing Association and the FEDE. At EAE's Madrid Campus, the participants analysed several aspects related to the implementation of the General Data Protection Regulations (GDPR). Far from having managed to adapt fully to the new situation, companies still have a long road ahead of them to comply with the regulations that came into effect on 25th May.
The Legislator's Perspective
Casilda Lazcano, the DPO at Informa, chaired the first discussion session, which covered the foundations of the new personal data protection regulations, with the participation of Jesús Rubí, the Assistant to the Director of the Spanish Data Protection Agency, Artemí Rallo, an MP of the Partido Popular and spokesman for the Personal Data Protection Act Project, and Sabina Guaylupo, the Privacy and Data Protection Manager at Inmark Europa.
Casilda Lazcano started by establishing the "need for changes in the regulations in order to guarantee that rights and freedoms are protected". Artemí Rallo focused on the "fraudulent use of personal data by the government and private companies". Sabina Gaylupo emphasized the key role of the use of personal data in digital business. With this in mind, the European Union has drafted this legislation to create "a new framework of personal data privacy with respect to the United States and China". The perspective of the Spanish Data Protection Agency emphasizes the need to find amicable and agile solutions in data processing and to promote a methodology and processes that are applied at a generalized level. Other initiatives were proposed, such as codes of conduct in sectors like advertising, and evaluations of the impact of data protection and adapting to the regulations.
The Company's Viewpoint
Companies and legal experts discussed aspects such as adaptation to the GDPR and how to continue conducting business within the legal limitations. Chaired by Rafael García-Playa, the President of Alcandora, the members of the second discussion panel included Alejandro García, a lawyer at the firm Riestra Abogados, Ernesto Muñoz, a lawyer, Content Director and Partner at Picón & Asociados, and Óscar Herencia, the General Director of MetLife in Spain and Portugal.
Ernesto Muñoz highlighted the anxiety that companies are experiencing and demanding consistency. "We have to integrate the regulations within the business model". He also stressed the need for speed on the Administration's part, within the context of a high-quality legal framework. In his role as an advertiser, Óscar Herencia explained the lack of precision in the law. "If we apply the regulations rigorously, lots of data is lost". He appealed for common sense and regulatory balance in relation to data processing. Alejandro García explained that "there has to be internal monitoring in every company with respect to the processes that they have to define at an individual level, because they do not currently place the due importance on data processing at a professional level". The challenge for companies is to "take on new responsibilities in terms of processing", as there are a lots of problems arising from the interpretation of the new law.
E-privacy regulations and the impact of the regulations
Víctor Conde, the General Director of the Spanish Marketing Association, looked to the future and what is to come with respect to data processing and e-privacy regulations. José Alejandro Morales, a lawyer at the firm AMJ Abogados, was reluctant to speculate in this respect, emphasizing the lack of protection for the user.
To finish off, David Torrejón, the General Director of the FEDE, chaired a fourth discussion panel with the participation of Rodrigo Simancas, the Director de Communication, Planning and Analytics at Equmedia, Cristina Sánchez, the Director of Strategy at Smartclip, Libe Bilbao, the Commercial Director at El Confidencial, and Alejandro Perales, the Technical Advisor at AUC. They all shared their individual experiences with respect to data processing and analysis, as well as the use of technology in a broader context in relation to business management.