You better respond to the Spanish DPA's warning on time The Spanish National Court (judgment No 245/2015) upheld a resolution of the Spanish DPA imposing a fine of €1,500 on a company for not responding to a warning request within the given deadline (1 month), but some months later. In the case at issue, the Spanish DPA, on an exceptional basis, put on hold a sanctioning proceeding against that company for an alleged consent infringement, and it issued a warning to the company requiring to provide evidence of the adoption of corrective measures (i.e., either removal of a judicial sentence revealing personal data from its website, or anonymization of such judicial sentence if kept published on the website). Because the company did not provide any evidence, the Spanish DPA decided to initiate the relevant sanctioning proceeding against the company, which only then (some months later) responded to the initial warning by anonymizing the judicial sentence. This led the Spanish DPA to impose a fine on the company for another infringement, that is, failing to respond to requests or warnings of the Spanish DPA or failing to provided the Spanish DPA with the documents and information it has requested. For more information, please contact Jordi Masdevall.
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