The transfer of Personal Data and its Protection

Currently, for the market to continue to evolve, the transfer of personal data from one company to another is essential. However, if we are talking about evolving or growing within the market, this transfer must be carried out in compliance with the regulations that govern it, because if it does not, what a businessman may find is a high penalty for non-compliance and violations of fundamental rights.in addition, we must take into account the progress that digitalization is undergoing in recent years, since we are increasingly connected to technology. In this sense and as legislation and practice progress, these concepts will undoubtedly continue to evolve and change until technology and regulations converge.In the data protection regulations currently in force in Spain, there is a transfer of data when the third party assignee can apply the data processing for its own purposes, being able to decide the basis of legitimacy and the purpose of the data processing. However, this transfer of personal data must be contemplated in a contract signed between the parties (transferor and transferee) and the data subjects must be properly informed.It is also necessary to take into account that the interested party must consent to the transfer and the person responsible for the processing of personal data must have all the consents of the persons whose data will be transferred to third parties, both for the collection of their personal data and for its processing and transfer, otherwise incurring in a serious infringement.now, it is necessary to distinguish a transfer from what is not considered transfer of personal data. Consequently, it is not considered a transfer of data, the access of a third party to customer data that another responsible has in its own file, when such access is necessary to provide you with a service, so this type of consent by the person concerned will be different from that required in the transfers of personal data.on the other hand, there are also international transfers of personal data, is a data processing that involves a transmission of the same outside the territory of the European Economic Area (EEA), either constitutes a transfer or communication of data.From Tourism & Law, we encourage companies in the tourism sector who wish to grow in the market, to comply with the legislation on data protection, and for this, our team has lawyers specializing in this area that will be available to advise them on the communication or transfer of personal data, a matter so necessary in our sector.

Rosario Saldarriga (Lawyer T&L)