is not applicable when there is a prior contractual relationship, or if the service
provider obtained the contact information of the client legally and used it to send
commercial messages related to products of services of their own company which
are similar to those that were initially contracted by the client. In any case, the
provider must offer the client the possibility to oppose to the processing of their data
with promotional purposes through a simple and free procedure, both at the moment
of collecting the data and in each commercial message sent to them. If communications are sent through electronic mail, the message must include a valid electronic
address where the client can exercise that right.
It is possible to restrict spam by registering our data for free and voluntarily in an
opt-out list (Robinson List, run by the Spanish Digital Economy Association).
Art. 48.3 c) of Law 9/2014 recognizes the right not to be listed in the telephone
directory.
The Advertising Self-Regulation Association has designed a system of voluntary
mediation that makes it possible to receive a swift answer regarding complaints
which may affect the processing of personal data, such as unwanted advertising.
2.1.6 Protection of Employees’ Personal Data Processed by Electronic
Means
8
There are no specific regulations in this field, but our case law has admitted this
processing based on the following arguments:
• The regulation on data protection is not applicable to data processing for legal
entities or companies, or to files that just collect data from individuals who work
for those entities or companies, which contain their name and surname, the job or
the task they perform there, as well as the postal or electronic address and work
telephone or fax numbers (Art. 2.2 ROLPPD). Data processing containing additional data is subject to OLPPD.
• Processing of personal data does not require the unambiguous consent of the data
subject when the law states otherwise or when the data processing refers to the
different parties in a contract or preliminary contract for a business, employment
or administrative relationship, and are necessary for its maintenance or fulfilment
(Art. 6 OLPPD). Art 20.3 of the Statute of Workers Rights (hereafter, SWR)
authorizes the employer to adopt the necessary monitoring and control measures
to verify that the worker fulfils their obligations and duties at work, with due
observance of human dignity in this process (. . .). These measures may include
the capture and/or processing of images or the installation of a GPS device in the
work mobile phone of the worker or in a vehicle used by the worker without the
worker’s consent, because this processing is carried out to manage the working
relationship. Notwithstanding, those practices are completely subject to the
8 Another topic that may be of interest is Data protection in the area of job search processes. On this
subject see García Coca (2016).
378
F. M. Corvo López
provider obtained the contact information of the client legally and used it to send
commercial messages related to products of services of their own company which
are similar to those that were initially contracted by the client. In any case, the
provider must offer the client the possibility to oppose to the processing of their data
with promotional purposes through a simple and free procedure, both at the moment
of collecting the data and in each commercial message sent to them. If communications are sent through electronic mail, the message must include a valid electronic
address where the client can exercise that right.
It is possible to restrict spam by registering our data for free and voluntarily in an
opt-out list (Robinson List, run by the Spanish Digital Economy Association).
Art. 48.3 c) of Law 9/2014 recognizes the right not to be listed in the telephone
directory.
The Advertising Self-Regulation Association has designed a system of voluntary
mediation that makes it possible to receive a swift answer regarding complaints
which may affect the processing of personal data, such as unwanted advertising.
2.1.6 Protection of Employees’ Personal Data Processed by Electronic
Means
8
There are no specific regulations in this field, but our case law has admitted this
processing based on the following arguments:
• The regulation on data protection is not applicable to data processing for legal
entities or companies, or to files that just collect data from individuals who work
for those entities or companies, which contain their name and surname, the job or
the task they perform there, as well as the postal or electronic address and work
telephone or fax numbers (Art. 2.2 ROLPPD). Data processing containing additional data is subject to OLPPD.
• Processing of personal data does not require the unambiguous consent of the data
subject when the law states otherwise or when the data processing refers to the
different parties in a contract or preliminary contract for a business, employment
or administrative relationship, and are necessary for its maintenance or fulfilment
(Art. 6 OLPPD). Art 20.3 of the Statute of Workers Rights (hereafter, SWR)
authorizes the employer to adopt the necessary monitoring and control measures
to verify that the worker fulfils their obligations and duties at work, with due
observance of human dignity in this process (. . .). These measures may include
the capture and/or processing of images or the installation of a GPS device in the
work mobile phone of the worker or in a vehicle used by the worker without the
worker’s consent, because this processing is carried out to manage the working
relationship. Notwithstanding, those practices are completely subject to the
8 Another topic that may be of interest is Data protection in the area of job search processes. On this
subject see García Coca (2016).
378
F. M. Corvo López