In today's digital age, web pages are one integral part of any business or company. However, many of these web pages do not comply with the regulations. It is worrying to know that the 90% of the web pages do not comply with current legislation, such as the General Data Protection Regulation (RGPD) and the Data Protection Act.
In this article, we will focus on the importance of complying with regulations when creating web pages and we will offer advice practical to adapt your website to the RGPD and the Data Protection Law, ensuring that your website complies with the regulations.
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My websites do not comply with the regulations. What do I do?
If your website does not comply with the regulations, do not worry, we give you some advice to adapt your website to the RGPD and the Data Protection Act. You can also consult us directly.
Know the legal obligations
Before starting to design or update your website, it is crucial to know the legal obligations that must be met. This includes understanding the fundamental principles of the RGPD, such as the explicit consent of users for the processing of personal data, the obligation to have a clear and accessible privacy policy, as well as the implementation of appropriate security measures to protect data of the users.
Obtain appropriate consent
One of the main pillars of the RGPD is to obtain the appropriate consent of users for the processing of their personal data. Make sure your website has a clear and accessible privacy policy that explains in detail what information is collected, how it is processed and with whom it is shared. Also, be sure to include a method for users to explicitly opt-in.
Protect user data
It guarantees the security of users' personal data by implementing appropriate protection measures. This may include encrypting data, regularly updating security policies and training staff on the importance of data protection.
Information about cookies and online tracking
It is important to inform users about the use of cookies and other online tracking technologies. It provides a clear and visible notification about the use of cookies on your website, as well as the possibility to opt out of being tracked using cookie management tools.
Keep your website up to date
Keeping your website up-to-date is essential from both a security and regulatory compliance point of view. Regularly update the software and plugins used on your website to ensure they are up to date in terms of security and functionality. Regular updates not only improve protection against potential vulnerabilities, but also ensure optimal performance of your website.
Remember that ongoing maintenance of your website will not only help you comply with current regulations, but will also provide a better user experience and improve trust in your site. Maintain a regular maintenance schedule and do not hesitate to seek professional advice if necessary to ensure your website is always up to date and meets the required standards.
Manage user rights
The GDPR gives users important rights in relation to their personal data, such as the right to access, rectify, delete or object to the processing of their data. Make sure you have the right procedures in place to manage these rights and respond to user requests within the time limit set by law.
Keep up to date with legal changes
Data protection and privacy laws can change and evolve over time. It is important to keep up with relevant legal changes and adapt your website accordingly. Stay informed about updates and make the necessary changes to ensure continued regulatory compliance.
In Spain, the independent control authority responsible for ensuring compliance with data protection regulations is the Spanish Data Protection Agency (AEPD). This Agency guarantees and safeguards the fundamental right to the protection of personal data of citizens.
Every time the control is more continuous that the AEDP exercises on those companies that have a website that do not comply with the regulations, one of the tasks of the Agency is apply fines as a form of punishment.
Some sanctions imposed by the AEPD
- Fine of 4,000 euros for not having on the website a privacy policy adequate to the RGPD (violation of article 13 of the RGPD)
- Fine of 2,000 euros for irregularities in its Cookies Policy, that is, the use of third-party cookies that are not necessary; the impossibility of rejecting cookies and the lack of information required in the cookie banner (violation of article 22.2 of the LSSI)
- Fine of 5,000 euros for not informing the client about the purpose of processing their personal data (violation of article 13 of the RGPD)
- Fine of 8,000 euros for not having legal clauses on the website and showing images without the express consent of the interested party (violation of articles 13 and 6.1 of the RGPD)
- Fine of 5,000 euros for not properly attending to the right of access of the interested party (violation of article 5.1.c of the RGPD)
- Fine of 1,000 euros for not responding to a request from the Spanish Data Protection Agency (violation of article 58.2 of the RGPD)
- Fine of 2,000 euros for repeated sending of commercial SMS and for not responding to the interested party's request to unsubscribe (violation of article 21 of the LSSI)
- Fine of 6,000 euros to process data without the consent of the interested party (violation of article 6.1b of the RGPD)
- Fine of 10,000 euros for not having a Data Protection Officer (violation of article 37 of the RGPD)
Comply with regulations, such as the RGPD and the Data Protection Law, is essential to guarantee users' trust and protect their personal data. Adapting your web page to these regulations is a fundamental step to achieve a "web that complies with the regulations". Not only will you avoid legal penalties, but you will also establish a relationship of trust with your users.
Remember, legal compliance is an ongoing process and will require regular monitoring and updating. If you have doubts or need professional advice, do not hesitate to consult with experts in data protection and privacy.
Make sure your web page is an example of legal compliance and demonstrate your commitment with the privacy and data protection of your users. A website that complies with regulations will not only be beneficial for your users, but also it will improve your reputation and confidence in your online business.
If you want to know more, contact with us to get one free review of your website and receive advice on compliance with these regulations. We will be happy to help you adapt your website to the legal requirements and ensure that you comply with all necessary requirements.
