Data protection and digital rights: the architecture of the new regulatory binomy

Resumen

In this paper we present and analyze the main regulatory developments relating to data protection that have been incorporated by the General Data Protection Regulation [Spanish acronym RGPD] (2016) enacted, with full effect since May 2018, and considered a summup of the guiding principles applicable to data processing. Also, in Spain, developing and completing this European law, -binding and shared law by the 27 UE members-, there has been promulgated the Organic Law 3/2018, of December the 5th, on Personal Data Protection and Guarantee of Digital Rights. It has entered into force in December, the 7th. The latter also incorporates an innovative catalogue of digital rights which is a legal milestone, recognizing the aforementioned rights, and lays the groundwork for strengthening the fundamental protection of this specific type of rights, characterized by their sensitive identifying objects – increasingly appreciated non-tangible legal goods- that require a dignified protection and ad hoc guarantees.