The Spanish Advertising Self-regulation Organization (AUTOCONTROL) is developing a new voluntary mediation scheme in collaboration with the Spanish Data Protection Agency (SDPA) and with the support of important telecommunication companies. The scheme will commence in January 2018, and its purpose is to speedily settle claims regarding identity theft and unsolicited advertisements. This system has its basis in the GDPR (Article 40.2) which encourages the development of codes of conduct by associations and representative organizations of data controllers and processors to ensure the full and correct implementation of the GDPR. In particular, these codes of conduct promote out-of-court proceedings and other dispute resolution procedures for resolving disputes between controllers and data subjects with regard to processing (per Article 40.2 (k)). How will the system work? If a company has joined the scheme, individuals that have not received satisfactory responses to previously submitted claims relating to identity theft or receipt of unsolicited advertisements can now go to AUTOCONTROL. Once the claim has been submitted, AUTOCONTROL will verify that the information complies with its requirements, and if so, the mediation procedure shall start. This mediation scheme works independently from other claims that data subjects can present before the SDPA.
For more information, please contact Raul Rubio, Patricia Perez, Ignacio Vela, Alvaro Ubeda, Marta De Pablos, Cristina Monereo or Carmen Salazar.