The Spanish Data Protection Agency supports electronic communications

We notice with pleasure how little by little, several organizations are taking a stance on conflicts raised between parties and where electronic communications are having a significant role.

Today we are going to talk about payment claims and registering debtors in ASNEF list, (National Association of Financial Credit Institutions) the largest and most well-known register for debtors in Spain. The complainant lodged a complaint against The Spanish Data protection (AEPD) agency as a result of having been included by the creditor company in a debtor’s list. It is worth noting that electronic notification services were used as means of communication.

Article 29 of the Spanish Data Protection Act and Article 38.1 of the Regulation on Security Measures provides that, among other requirements, the debtor has to be notified about the existence of the outstanding debt before being included in the list. The creditor company notified the debtor using registered email.

The AEPD understands that the process prior to inclusion in the file of creditworthiness has been carried out taking into account the requirements of prior consent and due diligence, including the previous notification through registered email.

This is good news not only for us, providers of such services, but also for companies and consumers since these communications provide evidence, and they are faster and cost effective when compared to traditional ones.

Check the legal ruling (Spanish) at  Agencia española de protección de datos

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