SPAIN'S new data protection law will prevent children under 14 years old from using social media without their parents' express consent, a year older than at present.
For the moment, any teenager of 13 years old or more can set up their own accounts on Facebook, Twitter, Instagram and other media without an adult's consent, but they will have to be at least 14 to do so from the end of this year.
The data protection law is due to be implemented before 2019 in line with a European Union regulation, which gives member States a margin of between 13 and 16 years of age as the minimum for social media use without parental authorisation.
Among the terms of the new law, which Spanish Parliament is working on at the moment, publishing photographs of minors – defined as anyone aged younger than 18 – could be considered a breach of their fundamental rights and therefore a criminal offence.
As yet, the broad scope of this clause has not been revealed.
Fines for failing to comply with the data protection law could be up to €10 million, or 2% of either turnover or profits if the offender is a company, although warnings, smaller fines and other measures will be taken first.
The new legislation will, additionally, allow workers the right to 'switch off' when they are not officially on duty – for example, an employee working a nine-to-five schedule would legally be able to refuse to take a job-related call from the boss or answer emails or calls from customers at six in the evening, or whilst on annual holiday.
It is likely they may be allowed to do so voluntarily, but cannot be disciplined for failing to answer an 'urgent' company email whilst on a beach during their paid leave.
Also, it should not affect workers with flexible hours or 'on call', as long as this is part of their role and agreed between employees and companies.
According to Spain's socialist government, the broad terms of the data protection law have been agreed by all parties in Parliament.
