this Law. The sanction for serious infractions is a fine ranging from €30,001 to
€150,000, and in the case of minor infractions, the sanction is a fine of up to €30,000
(Art. 39 of Law 34/2002).
Civil penalty (consumer protection): If the requirements provided for in Art. 97.1
e) and j) of RTGLDCU are not met, the consumer and user shall not pay for the costs
or expenses. If the other requirements are not met and the information is particularly
relevant, the contract will be cancelled due to absence of valid consent.
Criminal penalty: Electronic harassment (Art. 172c).
2.5.4 Rules Regarding the Electronic Processing of Personal Data
of Employees
Administrative penalty: The processing of personal data of data subjects (in this
case, employees), without providing them with the information established in Art.
5 of the OLPPD is a minor infraction that involves a sanction of €900–40,000.
Failure to block data referring, for example, to withholding taxes, could represent a
serious infraction that violates the principles and guarantees established in the
OLPPD (sanction of €40,001–300,000).
Criminal penalty: Discovery and revelation of secrets (Art. 197 to 197e).
2.5.5 Rules Regarding the Security of Personal Data Processed by
Electronic Means
Administrative penalty: Severe infraction that involves a fine of €40,001–300,000,
which may be graded according to the criteria established in Art. 45.4 OLPPD.
Criminal penalty: Illegal interference with information or data systems (Art.
264 to 264d of the Criminal Code).
2.5.6 Rules Regarding the Processing of Personal Data in the Electronic
Communications Sector
Administrative penalty: Failure to meet the obligations of public service provided for
in Art. 41 of the GTA on data protection is considered a serious infraction, which
may be sanctioned with a fine of up to €2,000,000 (Art. 77 and 79 GTA).
Criminal penalty: Discovery and revelation of secrets (Art. 197 to 197e of the
Criminal Code).
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F. M. Corvo López
€150,000, and in the case of minor infractions, the sanction is a fine of up to €30,000
(Art. 39 of Law 34/2002).
Civil penalty (consumer protection): If the requirements provided for in Art. 97.1
e) and j) of RTGLDCU are not met, the consumer and user shall not pay for the costs
or expenses. If the other requirements are not met and the information is particularly
relevant, the contract will be cancelled due to absence of valid consent.
Criminal penalty: Electronic harassment (Art. 172c).
2.5.4 Rules Regarding the Electronic Processing of Personal Data
of Employees
Administrative penalty: The processing of personal data of data subjects (in this
case, employees), without providing them with the information established in Art.
5 of the OLPPD is a minor infraction that involves a sanction of €900–40,000.
Failure to block data referring, for example, to withholding taxes, could represent a
serious infraction that violates the principles and guarantees established in the
OLPPD (sanction of €40,001–300,000).
Criminal penalty: Discovery and revelation of secrets (Art. 197 to 197e).
2.5.5 Rules Regarding the Security of Personal Data Processed by
Electronic Means
Administrative penalty: Severe infraction that involves a fine of €40,001–300,000,
which may be graded according to the criteria established in Art. 45.4 OLPPD.
Criminal penalty: Illegal interference with information or data systems (Art.
264 to 264d of the Criminal Code).
2.5.6 Rules Regarding the Processing of Personal Data in the Electronic
Communications Sector
Administrative penalty: Failure to meet the obligations of public service provided for
in Art. 41 of the GTA on data protection is considered a serious infraction, which
may be sanctioned with a fine of up to €2,000,000 (Art. 77 and 79 GTA).
Criminal penalty: Discovery and revelation of secrets (Art. 197 to 197e of the
Criminal Code).
392
F. M. Corvo López