Law 1581 of 2012
- Law 1581 of 2012
- What is the intellectual property law in Spain?
- When is the statute of limitations for infringements imposed by the Organic Law 3 2018 on the Protection of Personal Data and guarantee of digital rights?
- What is the name of the data protection law?
- Law 1712 of 2014
- Which body has the purpose of promoting transparency in public activity?
- What rights does intellectual property law protect?
- What are the intellectual property rights?
- Law 11/2018
- Which body is responsible for sanctioning infringements of data protection regulations?
- What infringements are considered very serious by the AEPD?
- When is the statute of limitations for data protection offenses?
- Law 1712 of 2014 pdf
Human Rights have been classified according to different criteria, thus we can find classifications according to their nature, origin, content and the matter to which they refer. For pedagogical purposes, they have been classified into three generations, according to the historical moment in which they arose or the recognition they have had by the States. It is convenient to indicate that the grouping of human rights into generations does not mean that some have greater or lesser importance over others, since all of them find in human dignity the principle and end to be achieved. Thus, civil and political rights were grouped in the first generation, economic, social and cultural rights in the second generation, and those corresponding to groups of persons or collectivities sharing common interests were grouped in the third generation.
It is important to say that within the group of human rights there are no levels or hierarchies, since all have equal relevance, so that the State is obliged to treat them globally and in a fair and equitable manner, on an equal footing and giving them all the same weight.
What is the intellectual property law in Spain?
Intellectual property is protected by the following laws: Royal Legislative Decree 1/1996, Intellectual Property Law, and its amendments Law 21/2014 which transposes the content of European directives into Spanish law, and Law 2/2019.
When is the statute of limitations for infringements imposed by the Organic Law 3 2018 on the Protection of Personal Data and guarantee of digital rights?
Penalties of less than 40,000 euros are subject to a one-year statute of limitations. Penalties for amounts between 40,001 and 300,000 euros expire after two years. Penalties in excess of 300,000 euros are subject to a three-year statute of limitations.
What is the name of the data protection law?
Organic Law 3/2018, of December 5, 2018, on Personal Data Protection and guarantee of digital rights. Published in: “BOE” no. 294, of 06/12/2018.
Law 1712 of 2014
The transition to a low-carbon, more sustainable, resource-efficient and circular economy, in line with the SDGs, is essential to ensure the long-term competitiveness of the Union economy. The Paris Agreement adopted under the United Nations Framework Convention on Climate Change (hereinafter “Paris Agreement”), which was ratified by the Union on 5 October 2016 (3) and entered into force on 4 November 2016, aims to strengthen the response to climate change by ensuring, inter alia, that financial flows are consistent with a pathway leading to climate-resilient and low greenhouse gas emissions development.
In order to achieve the goals of the Paris Agreement and significantly reduce the risks and impacts of climate change, the overall objective is to keep the global average temperature increase well below 2°C above pre-industrial levels, and to pursue efforts to limit this temperature increase to 1.5°C above pre-industrial levels.
Which body has the purpose of promoting transparency in public activity?
1. The General State Administration shall develop a Transparency Portal, under the Ministry of the Presidency, which shall facilitate citizens’ access to all the information referred to in the preceding articles relating to its scope of action. 2.
What rights does intellectual property law protect?
Intellectual property law protects the rights of authors of scientific, literary, artistic or educational works.
What are the intellectual property rights?
Intellectual property rights are rights conferred to individuals over the creations of their mind. They usually give the creator exclusive rights over the use of his work for a certain period of time.
Infringements of the following provisions shall be punishable by administrative fines of maximum EUR 10,000,000 or, in the case of a company, of an amount equal to maximum 2% of the total annual aggregate turnover of the preceding financial year, whichever is higher:
And the following infringements shall be punishable by administrative fines of not more than EUR 20,000,000 or, in the case of a company, of an amount equal to not more than 4% of the total annual aggregate turnover of the preceding financial year, whichever is higher:
In addition, failure to comply with the decisions of the supervisory authority shall be punishable by administrative fines of not more than EUR 20 000 000 or, in the case of an undertaking, of an amount equal to not more than 4% of the total annual aggregate turnover in the preceding financial year, whichever is higher.
If we compare the content of the Regulation on penalties with the provisions of the LOPD of 1999 that we currently have, we can see in the following table the increase in the amount of the penalty.
Which body is responsible for sanctioning infringements of data protection regulations?
The Sanctioning Body in Spain
The body in charge of carrying out investigations and imposing LOPD sanctions is the AEPD (Spanish Data Protection Agency), which may designate competent personnel for the investigation.
What infringements are considered very serious by the AEPD?
Examples of very serious violations are: Use of data for a purpose other than that agreed. Obstructing an AEPD inspection. Deliberate reversal of an anonymization procedure to make it possible to re-identify data subjects.
When is the statute of limitations for data protection offenses?
Pursuant to Article 78 of the LOPDGDD, penalties imposed in application of the RGPD and the LOPDGDD, prescribe: 1 YEAR → penalties for an amount equal to or less than 40,000 euros. 2 YEARS → penalties for amounts between 40,001 and 300,000 euros. 3 YEARS → penalties for an amount greater than 300,000 euros.
Law 1712 of 2014 pdf
It also addresses new circumstances, mainly the increase in cross-border flows of personal data as a consequence of the functioning of the internal market, the challenges posed by the rapid technological evolution and globalization, which has made personal data the fundamental resource of the information society. The centrality of personal information has positive aspects, because it enables new and better services, products or scientific findings. But it also has risks, because information on individuals is multiplying exponentially, is more accessible, by more actors, and is increasingly easy to process while it is more difficult to control its destination and use.
This organic law consists of ninety-seven articles structured in ten titles, twenty-two additional provisions, six transitory provisions, one derogatory provision and sixteen final provisions.
The novel regulation of data referring to deceased persons stands out, since, after excluding their processing from the scope of application of the law, it allows persons linked to the deceased for family or de facto reasons or their heirs to request access to them, as well as their rectification or deletion, if necessary, subject to the instructions of the deceased. It also excludes from the scope of application the processing governed by specific provisions, in reference, among others, to the regulations transposing the aforementioned Directive (EU) 2016/680, with the fourth transitory provision providing for the application to such processing of Organic Law 15/1999, of December 13, until the aforementioned regulations are approved.