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The CJEU fines Spain 15 million for not adapting a data protection directive, plus 89,000 euros per day until it does

The European Court of Justice has announced a sanction against Spain for not complying with “the obligations incumbent on under the Directive on the protection of personal data within the framework of the prevention and detection of criminal offenses ”.

In other words, the country did not adopt the European directive on the protection of personal data that it seeks in time. facilitate the exchange of data between police and judicial authorities to prevent, investigate, detect or punish crimes.

The obligation to adapt European regulations to national law

European Union

The fine amounts to 15 million euros and a penalty of 89,000 euros for each day of delay from the date of delivery of the sentence. In general, the member states of the European Union are obliged to incorporate EU rules into the national legal order and communicate how they have transposed the directives. And in this case, Spain was delayed in adopting these regulations and communicating how it did.

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This regulation facilitates cooperation between police officers, prosecutors and judges from all countries of the European Union For this reason, Brussels considers that it is very important that all countries implement the regulations to be able to share data and fight together against crime and terrorism.

A constant breach of dates


It should be remembered that in July 2018 the European Commission opened an infringement procedure against Spain for not having communicated the approval of the regulation that allows sharing data in police and judicial processes (Directive (EU) 2016/680 of the European Parliament and of the Council). This should have been adopted by each of the Member States before 6 May 2018. One year later, in July 2019, the European Commission brought the case before the Court of Justice.

With all this said, the government of Spain, As of May 6, 2020, it had not adopted or communicated the necessary measures to guarantee the transposition of this communication directive into Spanish law.

On February 11, 2021, The Government presented in the Congress of Deputies its' Draft Organic Law on the protection of personal data treaties for the purposes of prevention, detection, investigation and prosecution of criminal offenses and the execution of criminal sanctions. (121/000046) '.