In 2025, data protection has become one of the most critical areas of legal compliance for businesses of all sizes. Beyond merely complying with the General Data Protection Regulation (GDPR), Spanish companies now face a complex landscape shaped by international data transfers, emerging European legislation, and the rapid adoption of artificial intelligence and cloud services. Failure to address these challenges can result in significant fines, reputational damage, and even the suspension of business activities.
This article explores the main legal challenges Spanish companies must consider, recent developments in international data protection law, and practical strategies for achieving compliance.
1. A Broader and More Demanding Regulatory Framework
While the GDPR remains the cornerstone of data protection in the European Union, several new regulations have appeared on the horizon:
Data Governance Act and Data Act: These regulations promote greater access and sharing of data across Europe but impose additional obligations for security, governance, and transparency.
AI Act: Expected to come into effect in 2025, this new law introduces specific requirements for companies using artificial intelligence systems, including obligations related to datasets, bias prevention, and accountability.
Sector-Specific Regulations: Certain industries such as finance, healthcare, and energy face additional restrictions and audits due to the sensitivity of the data they process.
For companies, this means that data protection compliance is no longer limited to the GDPR; it must be integrated into a broader compliance ecosystem.
2. International Data Transfers: A Critical Risk Area
Cross-border data flows are essential for many Spanish companies, especially those working with international partners, cloud service providers, or clients based outside the European Union. However, these transfers are strictly regulated:
Adequacy Decisions: Transfers can only be made to countries recognized by the European Commission as having an “adequate” level of protection.
Standard Contractual Clauses (SCCs): If no adequacy decision exists, SCCs must be used, complemented by technical and organizational measures such as strong encryption.
Transfer Impact Assessments: Companies must document and assess the legal environment in the destination country to ensure that EU data remains protected.
Example: A Spanish company using a U.S.-based cloud service must implement additional safeguards and perform risk assessments following the Schrems II ruling.
3. New Challenges: AI, Cloud Services and Big Data
Technological innovation brings both opportunities and risks. The increasing use of artificial intelligence tools, global cloud platforms, and big data analytics has led to new compliance priorities:
Shared Responsibility: Determining liability between data controllers, processors, and third-party providers.
Cross-border Risks: Automated decision-making and machine learning models often require large, distributed datasets, increasing exposure to cross-border compliance breaches.
Vendor Risk: Companies must carry out due diligence on service providers, evaluating not only technical capabilities but also their legal compliance track record.
4. Sanctions and Enforcement in 2025
Data protection authorities (including the Spanish Data Protection Agency – AEPD) have become more assertive:
Fines are increasing: Multi-million euro penalties for poor international transfer management or data breaches are becoming more frequent.
Reputational consequences: Data breaches can lead to public announcements that severely harm a company’s image.
Inspections and audits: Authorities now focus on proactive audits rather than waiting for complaints.
5. Strategic Recommendations for Companies
To manage these risks effectively, Spanish companies should adopt a holistic and proactive approach:
Map all personal data flows – especially those involving transfers outside the EU.
Update contractual frameworks – ensuring that SCCs, data processing agreements, and clauses reflect current legal requirements.
Integrate data protection into corporate governance – with compliance officers and internal policies aligned with cybersecurity.
Invest in training and awareness – making sure employees and executives understand their obligations.
Review AI and cloud strategies – conducting regular impact assessments and updating risk controls.
Conclusion
Data protection and international data transfers are now strategic issues for Spanish companies. Those who anticipate changes, invest in compliance, and embrace a culture of accountability will not only avoid fines but also gain a competitive advantage in an increasingly digital and global economy.
At Dr. Frühbeck Abogados, we advise companies on structuring their compliance programs, drafting and negotiating data transfer agreements, and adapting to the regulatory challenges of 2025 and beyond.