PROTOCOL TO GUARANTEE DIGITAL RIGHTS ON THE INTERNET (LOPDGDD)

Providers of services for the information society and Internet service providers will help to ensure the effective application of the digital rights defined in Title X of Organic Law 3/2018 of 5 December on Personal Data Protection and Digital Rights Guarantee (LOPDGDD).

Right to Internet neutrality (Article 80)

• Users have the right to Internet neutrality.
• Internet service providers shall provide a transparent offer of services without discrimination based on technical or economic reasons.

Right of universal access to the Internet (Article 81)

• Everyone has the right to access the Internet.
• Universal, affordable, quality and non-discriminatory access shall be guaranteed for the entire population.
• Efforts will be made to overcome the gender gap in both the personal and professional spheres.
• Efforts will be made to bridge the generation gap.
• Equal conditions shall be guaranteed for persons with special needs.

Right to digital security (Article 82)

• Users have the right to the security of the communications they transmit and receive over the Internet.
• Internet service providers shall inform users of their rights.

Right to digital education (Article 83)

• The full insertion of students in the digital society will be ensured by the education system.

Child protection on the Internet (art. 84)

• Parents, guardians or legal representatives shall ensure that minors make balanced and responsible use of digital devices and information society services in order to ensure the proper development of their personality and to preserve their dignity and fundamental rights.
• The use or dissemination of images or personal information of minors on social networks and equivalent information society services that may lead to any illegitimate interference in their fundamental rights will determine the intervention of the Public Prosecutor’s Office, which will demand the precautionary and protection measures provided for in Organic Law 1/1996, of 15 January, on the Legal Protection for Children.

Children’s data protection on the Internet (art. 92)

• Controllers engaged in activities involving children must ensure the protection of their best interests and their fundamental rights, in the publication or dissemination of their personal data through information society services.
• Where it is published or disseminated through social networks or equivalent services, the CP must have the consent of the child or his/her legal representatives, considering that the consent:
  • is legitimate when the data subject is over 14 years old, except in those cases where the law requires the presence of parents or guardians
  • is legitimate for children under 14 years if the consent of the parents or guardians is recorded

Right of rectification on the Internet (art. 85)

• Everyone has the right to free speech on the Internet.
• The operators of social media and equivalent services should:
  • adopt appropriate protocols to enable the exercise of the right to rectification when faced with users spreading content that violates:
    • the right to honour
    • personal and family privacy on the Internet
    • the right to freely communicate and receive truthful information
  • comply with the requirements and procedures laid down in Organic Law 2/1984, of 26 March, governing the right to rectification
• The digital media must respond to requests for rectification when the original news does not reflect the current state of the individual, by publishing:
  • a clarifying notice indicating that the original news is not correct
  • the notice in a visible place together with the original information

Right to update information in digital media (Article 86)

• The digital media must respond to requests for updates when the information published does not reflect the current state as a result of circumstances that may have occurred after publication, causing detriment. In particular:
  • when the original information relates to police or judicial proceedings which may have benefited the data subject as a result of subsequent judicial decisions. In this case, the notice shall refer to the subsequent decision

Right to oblivion in Internet searches (art. 93.)

• Everyone has the right to demand that internet search engines eliminate any results obtained following a search made in his/her name, if any links shown contain information relative to this person are:
  • unsuitable
  • inaccurate
  • non relevant
  • outdated
  • excessive
  • or having become so by the passage of time, taking into account:
    • the purposes for which they were collected or processed
    • the time elapsed
    • the nature and public interest concerning this information
  • or if the personal circumstances of the data subject evidence the prevalence of their rights on the maintenance of the links by the Internet search service

This right shall subsist even if the conservation of the information published on the website to which the link is directed is lawful and the link has not been previously or is simultaneously deleted.

This right shall not prevent access to the information published on the website through the use of search criteria other than the name of the person exercising the right.

Right to oblivion in social network services and equivalent services (art. 94)

Everyone has the right to demand that social network services and equivalent information society services eliminate any published personal data which may have been provided:

• By the same data subject. In this case they will be deleted at your simple request.
• By the same data subject or third parties, during their underage status. In this case they will be deleted at your simple request.
• By third parties, being:
  • unsuitable
  • inaccurate
  • non relevant
  • outdated
  • excessive
  • or having become so by the passage of time, taking into account:
    • the purposes for which they were collected or processed
    • the time elapsed
    • the nature and public interest concerning this information
  • or the personal circumstances of the data subject evidencing the prevalence of their rights on the maintenance of the data by the service

This right does not apply to data provided by natural persons in the exercise of personal or domestic activities.

Right to portability in social network services and equivalent services (art. 95)

Users of social network services and equivalent information society services shall be entitled, whenever technically possible, to:

• Receive the contents that may have been provided.
• Send these contents directly to another provider designated by the user.

Providers may retain copies of the contents, without disseminating them through the Internet, when such preservation is necessary for compliance with a legal obligation.

Right to digital testament (art. 96)

Access to content on deceased persons, including profiles, managed by information society service providers must be governed by the following rules:

• The relatives, heirs or others similarly associated with the deceased will be able to access these contents and give instructions on their use, destination or erasure. Except in cases where:
  • it has been expressly prohibited by the deceased
  • it is forbidden by law
• the heirs want to access the contents of the estate
• the executor or anyone expressly appointed by the deceased to do so requires access to the content in order to comply with the instructions received

The deceased’s profile must be immediately deleted if requested by any of the persons detailed above.