"We need to create a culture of personal data protection."

What is your vision of the MICE sector?

The MICE sector is one of the most important within the tourism industry, whose evolution has been in crecendo. Like everything else, professionalization makes the offer that is created a differentiating landmark, offering the business travel client that seriousness and good work that is required. Of course, an adequate and correct management by this type of companies attracts thousands of potential clients to any city, being beneficial, not only for the MICE sector itself, but also for the city itself, for its stores, service companies, restaurants, etc.

In this regard, according to the International Congress and Convention Association(ICCA), Madrid has reached the third position in the world ranking of congress cities, based on data in terms of meetings organized during 2018, improving Madrid's position compared to 2017, where it was in seventh position. Likewise, in terms of countries and within that ranking, Spain climbs one position and is in third place, with 595 congresses in 2018, behind the United States and Germany, and ahead of France, the United Kingdom and Italy. Very positive data and of which the companies that work daily and belong to the MICE sector should be proud of it.

Another great example of this evolution, professionalization and specialization of this sector, is FITUR, the International Tourism Trade Fair held in Madrid that attracts and has been attracting, over the years, thousands of people in order to offer their travel proposals, either for companies or for the end consumer, since in 2018 a new B2B space was created focused on this type of tourism FITUR MITM - MICE & BUSINESS, being reinforced for FITUR 2019, and with very good prospects, we are sure, for this next FITUR 2020.

I would like to add that, although it is true that this type of companies can be constituted in a variety of ways, it is no less true that the importance, in these cases, of the new regulation on package tours must be taken into account, so that they can discern whether they organize package tours as part of their daily activity. Our experience tells us that, as it could not be otherwise, this type of companies take advantage of the organization of a congress or seminar for certain professionals to extend their offer to these users, so that, in their free time, they can enjoy the city by making excursions or even extending their stay a couple of days more, as well as offering them the option of coming with their family.

Every company needs daily legal advice and needs to be up to date with existing regulatory changes that may affect a specific sector. At Tourism & Law, like the rest of the companies that make up the InterMundial Group, we are aware of the importance of accompanying companies in the tourism sector on a daily basis, as our firm has been doing for more than 15 years. Preventive advice is of vital importance in order to avoid future disputes that could have negative consequences (administrative sanctions, reputational damage, criminal sanctions) that could lead to greater negative implications for the sector's agents, which are much more difficult to resolve later on. We must be aware that everyone is an expert in his or her own field, and that, as I mentioned earlier, proper legal advice prevents future negative consequences. Relying on a good professional is necessary to achieve peace of mind in the day-to-day management of the business.

Why is the LOPD so important for the industry?

We must all be aware of the evolution of our society over the years, it is increasingly necessary to protect citizens and, of course, consumers themselves in different matters. Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data (LOPD), was a Spanish organic law whose purpose was to guarantee and protect, with regard to the processing of personal data, the public freedoms and fundamental rights of natural persons, and especially their honor, intimacy and personal and family privacy. Much has happened since 1999, changes in society have been occurring continuously and incessantly, and more specifically in the technology sector. Therefore, it was absolutely necessary a regulation that preserved and guaranteed this protection to individuals, through a new regulation, as it has been, through the Organic Law 3/2018 on Personal Data Protection and guarantee of digital rights, which adapts the Spanish legislation to the General Data Protection Regulation of the European Union.

Any company is obliged to comply with the provisions of the aforementioned legislation, and must adapt its daily activity to it. In reference to the above mentioned, with respect to the evolution that has taken place, one might ask, what company had a web page for its business 20 years ago, and now who does not have one? Through the web, payments are made, data is exchanged, the consumer is informed and therefore it is necessary to inform about the purpose of the data that has been collected, an express consent is needed in those cases in which there is no legitimate interest on the part of the data processor. In labor and human resources matters, with respect to the company's own employees, it is necessary to establish protocols for the use of employee data, taking into account that we handle personal data. What was done years ago, such as sending a Curriculum Vitae to your neighbor who worked in a company and she would send it to the human resources person or to the owner of the company, and that CV stayed there; or it was printed and was on the desk of an employee for months and months with such sensitive information, now would be a negligent action on the part of the person responsible for the treatment. We must be aware of the importance of data protection, so that our companies comply with the provisions of the legislation, working on protocols for action both owners and employees themselves. We are at a point where technology is advancing at a dizzying speed, as can be the example of artificial intelligence. We need to create a culture of personal data protection, not only to avoid administrative sanctions, but above all to avoid the much forgotten reputational damage of companies.

Looking ahead to 'back to school', what aspects do you think may be relevant for professionals working in the MICE sector?

It is true that the current political situation, both at national and international level, does not help, since many regulations that may affect this sector in the future have been paralyzed, and we must be aware that sooner or later they will arrive. In spite of this, in this last year we have been able to verify certain modifications that have affected our sector and even the rest, such as, for example, the obligatory nature of Equality Plans in companies with more than 100 workers or the obligatory registration of the working day since May 12, 2019.

Indicate that on September 14, the technical innovations foreseen in the Second European Directive on Payment Services, PSD2, whose history is the Payment Services Directive that was published in 2007 by the EU, whose purpose was to create a single payments market, will come into force. The European commission proposed the revision, in November 2015 of this first regulation, which resulted in PSD2. As with any European directive, this must be transposed to the different member states, and in Spain, it arrived through Royal Decree-Law 19/2018 on payment services and other urgent measures in financial matters, on November 23, 2018. Some of these new features are the increase in security requirements, in the interest that providers will have to require at least two authentication elements to perform operations. This may be something that the customer knows (PIN or password), something that he or she possesses (physical card) or something that "is" (biometric elements) and the requirement for banks to create specific and secure communication interfaces with the new digital operators, to share the data of customers who authorize it. Contributing to reduce the entry barriers of new players, promoting free competition, the invocation in the sector and the reduction of payment costs for consumers.

Another example of this, pending approval by the European Union, which will affect data protection with respect to commercial communications to customers is the E.Privacy Regulation of the European Parliament and of the Council on privacy and the protection of personal data in the electronic communications sector and repealing Directive 2002/58/EC.

However, from Tourism & Law we work daily with many tour operators in the sector, in order to keep them informed, look after their interests and that the tourism sector, as one of the main engines of Spain continues to grow and be an example to follow for other countries, through the specialization, professionalism and good work of all those who work in this.

MªPaz Abad (Lawyer SubdirectorT&L)

Article published in the FEDERACIÓN ESPAÑOLA DE ASOCIACIONES DE ASOCIACIONES DE EMPRESAS DE ORGANIZACIÓN PROFESIONAL DE CONGRESOS (FEDERATION OF SPANISH ASSOCIATIONS OF PROFESSIONAL CONGRESS ORGANIZERS).