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General counsel update - 27 September 2012

  • Herbert Smith Freehills LLP
  • -
  • Indonesia, Myanmar, Spain, United Kingdom
  • -
  • September 27 2012

This is the 31st in our series of general counsel updates which aim to summarise major developments in key areas

Monitoring at work: Spanish employer did not breach employee's right to privacy

  • Squire Sanders
  • -
  • Spain
  • -
  • February 16 2012

The Spanish Supreme Court has ruled that the dismissal of an employee for using her work computer for personal purposes was lawful

Spanish Data Protection Agency publish their position on whistleblowing

  • Bird & Bird
  • -
  • Spain
  • -
  • November 22 2007

The Spanish Data Protection Agency (the “SDPA”) has just published its position regarding the implementation of whistleblowing schemes in companies

Data Protection Agency clarifies the conditions for an employer to lawfully access an employee's office computer

  • Baker & McKenzie
  • -
  • Spain
  • -
  • August 3 2010

The Spanish Data Protection Agency (SDPA) has recently adopted a Resolution where it deemed lawful an employer's access to an employee's office computer when there was prior information of such employer access in an internal company policy

Employee geolocalisation

  • Baker & McKenzie
  • -
  • Spain
  • -
  • November 2 2010

According to Article 2 of Directive 200258EC on Privacy and Electronic Communications, "location data" means any data processed in an electronic communications network, indicating the geographic position of the terminal equipment of a user of a publicly available electronic communications service

Closing of proceedings for previously unauthorised use of CCTV

  • Baker & McKenzie
  • -
  • Spain
  • -
  • June 21 2010

According to a non-binding interpretation of the Spanish Data Protection Agency of Act 252009, which amends various Acts in order to comply with Act on the Free Access to Services Activities (Act 252009), companies undertaking CCTV activities for internal purposes are no longer required to engage a private security company or to obtain data subjects' express consent

National High Court confirms fine imposed by the Spanish Data Protection Agency on a company for forwarding to its staff a court resolution without deleting personal data contained in the resolution

  • Baker & McKenzie
  • -
  • Spain
  • -
  • August 31 2010

The National High Court has confirmed a fine of 100,000 imposed by the Spanish Data Protection Agency (SDPA) on a company that forwarded to its employees a link to a court resolution referring to a dispute between the company and one of its employees without erasing the relevant employee's personal data (including sensitive data

Prison sentence for employee who disclosed company secrets through his personal e-mail account

  • Baker & McKenzie
  • -
  • Spain
  • -
  • March 29 2011

The Criminal Court number 16 of Barcelona has sentenced a former employee of a multinational company to three years imprisonment for the offence of disclosing secrets

General counsel update: 28 February 2012

  • Herbert Smith Freehills LLP
  • -
  • European Union, Hong Kong, Spain, United Kingdom
  • -
  • February 28 2012

This is the twenty-eighth in our series of General Counsel Updates which aim to summarise major developments in key areas

Data protection and privacy: Spain

  • Latham & Watkins LLP
  • -
  • Spain
  • -
  • April 21 2011

The introduction of new technologies in the workplace has resulted in great progress in terms of organization, production and management, but, at the same time, a number of complex issues of both practical and legal nature have arisen, including employee data privacy concerns