Owning a website is akin to opening a storefront on the busiest street in town. It’s where your brand meets the world, where connections are forged, and where trust begins. However, this digital storefront comes with its own set of rules and regulations, particularly around privacy. The landscape of online privacy is regulated by stringent laws designed to protect individuals’ data. For website owners, navigating these waters can be difficult – and it could be costly.
WHAT DO I NEED TO KNOW?
In Spain, and the rest of the European Union, the General Data Protection Regulation (GDPR) mandates strict rules concerning the handling of personal data by websites and online services. Under the GDPR, websites that process the personal data of EU residents are required to provide clear information about their data processing activities. This includes the purposes and legal basis for processing, the recipients of the personal data, and the rights of individuals regarding their data. If your website has a contact form, you process personal data.
Therefore, a website operating in Spain (or targeting Spanish users) that processes personal data must have a privacy policy (or privacy notice) that is easily accessible and comprehensible. This privacy policy should effectively communicate all relevant aspects of the site’s data processing activities to its users. It is not mandatory to display this in Spanish.
Additionally, specific Spanish laws complement the GDPR, providing additional requirements and clarifications for Spanish entities. The Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) adapts GDPR requirements to the Spanish context and outlines specific provisions for data protection and digital rights.
Failing to provide a privacy policy or notice that meets both GDPR requirements and those of the LOPDGDD is a breach of the GDPR and Spanish law. Such violations can result in substantial fines.
THE DIY DILEMMA
Many new small business owners opt for a do-it-yourself approach to their website, valuing the savings to be made over the cost of using an agency. While this entrepreneurial spirit is commendable, it can inadvertently expose your business to legal risks, particularly in the space of privacy and security.
The potential fines for non-compliance are significant, and the cost to your reputation can be even greater. Trust is the cornerstone of digital relationships, and a professional website with the appropriate security and privacy policy is a pivotal part of building that trust.
SOUNDS LIKE MY WEBSITE IS NON-COMPLIANT
If your website is currently operating without a privacy policy and the appropriate levels of data security, it is not too late to rectify the issue. At Competa Web Design, we can help you refresh your website and incorporate the necessary security features and privacy policy to ensure compliance and improve your business’ reputation.
Don’t wait for regulatory scrutiny to find gaps in your website’s data privacy. Take the proactive step and consult with us today. We can ensure your website not only meets current legal standards but is also prepared for future regulations. In doing so, you’re not just protecting your business—you’re reinforcing the trust your users place in your digital hands.
