Legal Requirements in Document Management: What Every Business Should Know

Legal Framework for Document Management in Spain

Business document management is not just a matter of efficiency; it's a legal obligation. Non-compliance with regulations can result in million-euro fines and irreparable reputational damage.

1. General Data Protection Regulation (GDPR)

GDPR is the most relevant regulation for any company handling personal data.

Key Obligations

Minimization principle (Art. 5.1.c)

• Only collect necessary data
• Don't store longer than needed
• Delete when no longer necessary

Security of processing (Art. 32)

• Appropriate technical measures
• Encryption when necessary
• Access controls

International transfers (Arts. 44-49)

• Prohibited to countries without guarantees
• USA: only with specific mechanisms
• Important when using cloud services

Penalties

• Minor infractions: up to €10M or 2% of turnover
• Serious infractions: up to €20M or 4% of turnover

2. Organic Law on Data Protection (LOPDGDD)

Complements GDPR in Spain with additional specifications.

Relevant Aspects

• Data Protection Officer: Mandatory in certain cases
• Digital rights: Disconnection, privacy, etc.
• Whistleblowing systems: Specific requirements

3. Trade Secrets Protection Law

Law 1/2019 protects confidential business information.

What is a Trade Secret?

Information that:

1. Is secret (not publicly known)
2. Has commercial value because it's secret
3. Has been subject to reasonable protection measures

Obligations

• Protection measures: Demonstrate that you protect your information
• Confidentiality agreements: With employees, suppliers, etc.
• Access control: Limit who sees what

Implications for AI

If you upload confidential documents to public AIs:

• You could be revealing trade secrets
• You would lose legal protection
• Third parties could use your information

4. Sector-Specific Regulations

Depending on your sector, there are additional regulations:

Financial Sector

• Anti-Money Laundering Law
• CNMV regulations
• Specific retention requirements

Healthcare Sector

• Patient Autonomy Law
• Medical records regulations
• Enhanced confidentiality requirements

Legal Sector

• Professional secrecy (Organic Law of the Judiciary)
• Professional ethics
• Bar Association obligations

5. Document Retention

Legal Retention Periods

Secure Destruction

When deleting documents:

• Destruction certificate
• Process traceability
• Regulatory compliance

6. Use of AI in Document Management

What Regulations Say

The EU AI Regulation (effective 2024-2026):

• Risk classification
• Transparency requirements
• Obligations based on use

Recommendations

1. Assess risk: What data do you process with AI?
2. Document usage: What tools, for what purpose
3. Choose appropriate providers: That comply with regulations
4. Inform affected parties: When using AI with personal data

7. Compliance Checklist

Basic Documentation

• Record of processing activities
• Risk analysis
• Updated privacy policies
• Contracts with data processors

Technical Measures

• Encryption of sensitive data
• Access controls
• Backups
• Breach response plan

Third-Party Management

• Vendor assessment
• Contracts with data protection clauses
• Verification of international transfers

How Helps You

Our platform is designed for compliance:

• Servers in the EU: No problematic transfers
• No storage: Documents are not saved
• No training: Your data never improves our models
• Traceability: You know what happens with your information

---

Need specific advice on regulatory compliance? Consult a qualified professional or contact us to find out how we can help you.