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Data Protection in Spain: The RGPD, the AEPD and Your Rights (2026)

By Recording Law Editorial Team5 min read
Data Protection in Spain: The RGPD, the AEPD and Your Rights (2026)

Frequently Asked Questions

What laws protect personal data in Spain?

Two apply together: the EU's General Data Protection Regulation (RGPD, Reglamento (UE) 2016/679), which is directly binding in Spain, and the Ley Orgánica 3/2018 (LOPDGDD), which completes it in national law. The supervisory authority that enforces them is the Agencia Española de Protección de Datos (AEPD).

What can I ask a company to do with my data?

You have six core rights under the RGPD (arts. 15 to 22): access to your data, rectification of errors, erasure, restriction of processing, portability, and objection to certain uses such as direct marketing. You exercise them free of charge, first with the organisation holding your data, which normally has one month to respond.

Does the AEPD pay compensation?

No. The AEPD investigates complaints and can impose fines, which go to the public treasury, not to you. If you have suffered actual damage from a data-protection breach, a claim for compensation is a separate matter for the civil courts under RGPD art. 82.

How big are data-protection fines in Spain?

Under RGPD art. 83, the most serious infringements can be fined up to 20 million euros or 4% of a company's total worldwide annual turnover, whichever is higher, with a lower tier of 10 million euros or 2% for other breaches. The AEPD applies these in Spain.

Sources and References

  1. Reglamento (UE) 2016/679 (RGPD), arts. 15-22 (derechos) y art. 83 (sanciones)(boe.es).gov
  2. Ley Orgánica 3/2018 (LOPDGDD)(boe.es).gov
  3. Agencia Española de Protección de Datos (AEPD)(aepd.es).gov
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