The first Code of Conduct under the GDPR has been approved by the Spanish DPA.
The Spanish Agency for Data Protection (AEPD), in enforcing the General Data Protection Regulation and the Data Protection Law and guarantee of digital rights, has approved the first code of conduct based on the provisions of articles 40 and 41 of the GDPR and 38 of the DPA 2018. The Code of Conduct for Data Processing in Advertising Activity has been presented by the Association for the Self-regulation of Commercial Communication (Autocontrol), whose main purpose is the establishment of an out-of-court system to process claims about data protection and advertising, quickly, easily, effectively and free for consumers.
This first code of conduct under the GDPR approved by the Spanish DPA, governs the processing of personal data for advertising purposes.
Autocontrol, the independent self-regulatory body of the advertising industry in Spain, established in 1995 as a non-profit association, is made up of advertisers, advertising agencies, the media and professional associations, with the objective to work towards responsible advertising. The code recently presented by this organisation will apply to member entities established in Spanish territory or to data processing activities that affect data subjects residing in Spain, as long as the data processing is related to the offer of goods and services in Spain or to the monitoring of their behaviour in Spain.
The code outlines information to be communicated to data subjects when their personal data is collected.
According to the code, there will be an Advertising Jury which will act on behalf of the Spanish DPA in matters concerning advertising and marketing.
Autocontrol has also implemented an extrajudicial resolution system to resolve disputes that arise between its data controllers and their data subjects, due to data processing carried out in advertising. With respect to the functions and powers of the Spanish DPA as supervisory authority, the Advertising Jury will act as a supervisory body of this Code. When the Advertising Jury, in resolving a claim, declares a breach of the code, it will rule on the sanctions that, where appropriate, should be imposed in accordance with the provisions of the regulations.
Annually, the Secretariat of the Advertising Jury will prepare a statistical report for each member entity with the relevant data regarding the respective entity’s activity, including both data related to mediations and the decisions of the Advertising Jury. The Secretariat of the Advertising Jury will also prepare an annual collective statistical report to be presented to the Spanish DPA.
Autocontrol has this Code of Conduct in the section for codes of conduct of its website where it can be downloaded free of charge by any user.