In an increasingly digitalized world, the protection of personal data is a priority for both companies and citizens. With the continuous evolution of the General Data Protection Regulation (GDPR) and the Organic Law on Data Protection and Guarantee of Digital Rights (LOPDGDD), it is crucial for businesses to comply with the regulations and avoid multimillion-dollar fines.
As technology advances, so do the threats to data security. Data breaches, the misuse of personal data, and non-compliance with regulations can lead to severe legal and economic consequences for companies. In this article, we explain the updates in data protection for 2025, the most common risks, and how to ensure regulatory compliance.
Recent Changes in Data Protection Regulations
Although the GDPR remains the cornerstone of the legal framework in the European Union, new obligations have emerged for businesses in recent years, aimed at strengthening privacy and data security. Some of the most relevant changes include:
Greater control over international data transfers: After the invalidation of the Privacy Shield between the EU and the US, stricter mechanisms have been implemented to ensure companies comply with European data protection standards when transferring data to countries outside the European Economic Area.
Stricter sanctions for cybersecurity breaches: Companies that fail to implement adequate measures to prevent data leaks may face more severe fines and greater liability to the affected individuals.
Tighter regulations on the use of artificial intelligence: The use of AI in managing and analyzing personal data is subject to new regulations aimed at preventing the improper processing of sensitive information and automated decision-making without human oversight.
Mandatory reporting of security breaches within 72 hours: Companies must report any security incident to the relevant data protection authority within this timeframe and notify affected individuals if the breach poses a significant risk to their rights.
These updates seek to ensure greater control over personal data and promote a culture of compliance within organizations.
Most Common Data Protection Penalties
Non-compliance with the GDPR and the LOPDGDD can result in significant financial penalties for companies. Some of the most common errors that have led to multimillion-dollar fines in Spain and the EU include:
Misuse of personal data without explicit consent: Many companies collect and process data without properly informing users or obtaining their express consent, which constitutes a serious violation.
Lack of security measures in the management of sensitive data: Poorly protected databases, weak passwords, or the lack of encryption can facilitate unauthorized access to customer and employee data.
Sending mass emails without blind copy (BCC instead of CC): A simple mistake like sending an email with visible recipients can expose personal information and lead to a fine for non-compliance with regulations.
Failure to respond to requests for access, rectification, or deletion of data (ARCO rights): Citizens have the right to know, modify, and delete their personal data, and companies must address these requests in a timely manner.
Transfer of data to third parties without legal justification: Sharing customer or employee information without their consent or without a valid legal basis can result in severe penalties.
A recent example is the case of a company in Spain, which in 2024 was fined two million euros for leaking customer data without consent, highlighting the importance of complying with current regulations.
Best Practices for Regulatory Compliance
To avoid penalties and protect users' privacy, companies must implement proactive measures that ensure compliance with regulations. Some of the best practices include:
Appointing a Data Protection Officer (DPO): Having a specialized professional responsible for overseeing regulatory compliance and managing any data protection incidents.
Risk assessments and regular security audits: Regularly evaluating vulnerabilities in information systems and improving security measures as needed.
Obtaining explicit and transparent consent: Clearly informing users about how their data will be used and obtaining their express permission before processing it.
Using encryption and robust security measures in databases: Implementing advanced protocols to protect information and prevent unauthorized access.
Training employees in privacy and cybersecurity: Raising awareness and training employees on best practices for data protection to prevent human errors that could lead to violations.
Adopting these measures not only helps avoid penalties but also strengthens customer trust and enhances corporate reputation.
Conclusion: How Can We Help?
At Dr. Frühbeck Abogados, we understand the importance of data protection and the impact it can have on business operations. Our team of experts provides specialized advice to help organizations implement effective compliance strategies and minimize risks.
From security audits to managing data breaches and employee training, we offer tailored solutions that meet the specific needs of each company.
If you need advice on current regulations or wish to strengthen data protection in your organization, do not hesitate to contact us.