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IRIS 2020-2:1/10 Supreme Court settles battle over short extracts of football matches

On 20 December 2019, the Spanish Supreme Court settled the longstanding legal conflict between Mediaset and the National Professional Football League (LNFP) concerning their different interpretation of the right of access to football stadiums and the broadcasting of short news summaries of the matches. In September 2015, Mediaset had denounced before the Comisión Nacional de los Mercados y la Competencia (National Commission of Markets and Competition - CNMC) that the LNFP was violating its right to information by limiting its access to the stadiums. A few days later, the CNMC issued...

IRIS 2020-2:1/21 Spanish regulator CNMC fines RTVE for violating the Audiovisual Law

RTVE, the Spanish public service media corporation, has been fined by the regulator, the National Markets and Competition Commission (Comision Nacional de los Mercados y la Competencia – CNMC), for an infringement of Spanish Audiovisual Law 7/2010 (Ley General de la Comunicación Audiovisual). The illegal conduct infringed Article 43.2, which regulates the financing of public service broadcasters and stipulates that state-owned media may not engage in any form of commercial activity except as provided for by their own legal framework. In the case of RTVE, Law 8/2009 (Ley de...

IRIS 2020-1:1/3 Spanish Government may shut down websites without a court warrant

For public security reasons, the government has reserved the right to suspend, exceptionally and as a precautionary measure, the transmission of data and the connection to the Internet, as provided in the Royal Decree-Law 14/2019 of 31 October (hereinafter, the “Royal Decree-Law”). This Royal Decree-Law amends Law 9/2014 of 9 May on Telecommunications to acknowledge the government's right to take over any types of infrastructure, network, service or digital resource that may affect public security within the framework of national defence. It means that the Ministry of Economy...

IRIS 2020-1:1/1 CNMC fines Atresmedia and Mediaset for anti-competitive practices

Media groups Atresmedia and Mediaset, the largest commercial state broadcasters in Spain, were fined by the national regulator (Comision Nacional de los Mercados y la Competencia – CNMC), for a breach of the anti-trust rules governing TV advertising. The illegal conduct infringes Article 1 of Law 15/2007 and Article 101 of the Treaty on the Functioning of the EU. Mediaset has been fined EUR 38.9 million, while Atresmedia was fined EUR 38.2 million. They have been instructed to modify their commercial strategies within the next three months. Atresmedia and Mediaset have developed commercial...

IRIS 2019-10:1/13 [ES] DPA fines a supermarket EUR 150 000 for data protection infringement

On 2 September 2019, the Agencia Española de Protección de Datos (Spanish Data Protection Authority, AEPD) fined a supermarket EUR 150 000 for two infringements of the Spanish data protection legislation. On 25 April 2018, the AEPD initiated an investigation after the publication in several newspapers of images recorded by a CCTV system installed in a supermarket corresponding to events which had occurred in May 2011. The images showed the then President of the Community of Madrid supposedly putting some cosmetic products in her bag. The publication of those images was considered an infringement...