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Spain doesn't just apply GDPR — it goes further. The LOPDGDD (Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights) implements GDPR in Spain while adding country-specific provisions that directly affect how debt collection agencies gather, use, and share debtor information. For overseas creditors, this isn't background regulation — it's the framework that determines what your collection agent can legally do with your debtor's data.
The LOPDGDD establishes that personal data processing during debt collection must have a lawful basis — typically "legitimate interest" for B2B claims or contractual necessity. The data collected must be limited to what's necessary for recovery: debtor identity, contact details, financial information relevant to the claim, and communications history. Nothing more.
Every debtor has the right to know what data has been collected about them, to request correction of inaccurate information, and to object to processing they consider disproportionate. Collection agencies must respond to these requests within legally defined timeframes. Failure to comply triggers enforcement action by the Agencia Española de Protección de Datos (AEPD) — Spain's data protection authority, which has a reputation for active enforcement and significant fines.
Data protection rules affect collection activity at every stage. During debtor investigation, only legitimate sources of financial information can be accessed — commercial registries, published credit data, and information provided by the creditor. During communication, the debtor's privacy must be respected — you cannot contact family members, employers, or business associates about the debt without specific legal authority.
Documentation retention is also regulated. Collection files must be stored securely and deleted when no longer necessary for the purpose they were collected. A file kept indefinitely "just in case" violates the storage limitation principle.
When an overseas creditor shares debtor information with a Spanish collection agency, that transfer must comply with GDPR's cross-border data transfer rules. Transfers within the EU are unrestricted. Transfers from the US, UK, or Canada require appropriate safeguards — typically Standard Contractual Clauses (SCCs) or, for the UK, an adequacy arrangement.
A professional Spanish collection agency will have these data processing agreements already in place. If they don't, that's a significant red flag about their regulatory compliance generally.
Non-compliant data handling doesn't just risk fines. It can undermine your collection case entirely. A debtor who discovers that their data was processed unlawfully can file a complaint with the AEPD, challenge the collection in court, and potentially claim damages. The safest approach is working with agencies that treat data protection as an operational standard, not an afterthought.
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