GDPR for Spain

Spain's data protection framework combines GDPR with the LOPDGDD (Ley Orgánica de Protección de Datos y Garantía de los Derechos Digitales), enacted in 2018. The LOPDGDD goes beyond GDPR in several areas, particularly around digital rights and employee protections.

The LOPDGDD sets Spain's digital consent age at 14 (vs. GDPR's default of 16), meaning minors aged 14–15 can consent to data processing without parental consent under Spanish law. If your platform operates across EU markets, this creates inconsistency you must address in your age verification design.

Spain's AEPD is one of the most prolific GDPR enforcement authorities by number of decisions — though average fine amounts are lower than some other EU DPAs. The AEPD actively investigates cookie consent violations, CCTV system deployments, and debt collection data practices. SMBs are not exempt; many AEPD sanctions target small businesses.

Employee digital rights are significantly expanded under the LOPDGDD. Employees have a right to digital disconnection after work hours, a right to privacy against employer monitoring of personal devices, and specific protections against AI-based profiling for employment decisions. Employers must have a documented internal policy on device use and employee monitoring before implementing any surveillance technology.

For SaaS companies targeting the Spanish market, cookie banners must meet AEPD's standards: no cookie walls, granular consent options per category, and easy withdrawal of consent at any time through a permanently accessible mechanism.