Legal framework
EU legislation
State legislation
Basic legislation:
- Law 37/2007 of 16 November 2007 on the re-use of public sector information.
- Royal Decree 1495/2011, of 24 October, which implements Law 37/2007, of 16 November, on the reuse of public sector information for the state public sector.
- Resolution of 19 February 2013, of the Secretary of State for Public Administrations, approving the Technical Interoperability Standard for the Re-use of Information Resources.
- Royal Decree-Law 24/2021, of 2 November, on the transposition of European Union directives in the areas of covered bonds, cross-border distribution of collective investment undertakings, open data, and the re-use of public sector information, exercise of copyright and related rights applicable to certain online transmissions and to radio and television broadcasts, temporary exemptions for certain imports and supplies, for consumers and for the promotion of clean and energy-efficient road transport vehicles.
Law 37/2007 of 16 November on the re-use of public sector information, transposing Directive 2003/98/EC, provides a minimum general framework for the conditions of re-use of public sector documents that takes into account the different methods that can be adopted and that arise from the diverse nature of the information itself.
Royal Decree 1495/2011 of 24 October, which implements Law 37/2007, aims to develop the aforementioned law, with regard to the legal regime of re-use, the obligations of the state public sector, the methods of re-use for reusable documents, and the regime applicable to reusable documents subject to intellectual property rights or which contain personal data.
The Resolution of 19 February 2013, approving the Technical Interoperability Standard for the Re-use of Information Resources, aims to establish a set of basic guidelines for the re-use of documents and information resources produced or held by the public sector referred to in Law 37/2007, of 16 November, on the re-use of public sector information.
Royal Decree-Law 24/2021 of 2 November incorporates into the legal system the new features of Directive (EU) 2019/1024 on open data and the re-use of public sector information, which seeks to extend the scope of application of the previous legislation, adapting the legal guarantees and obligations to the current landscape of innovation.
Other texts:
- Law 19/2013, of 9 December, on transparency, access to public information and good governance.
- Organic Law 3/2018, of 5 December on the Protection of Personal Data and Guarantee of Digital Rights.
- Law 16/2023, of 21 December, on the Basque Data Protection Authority.
Law 19/2013, of 9 December, on transparency, access to public information, and good governance aims to increase and reinforce transparency in public activity, which is implemented through active disclosure obligations for all public administrations and entities, to recognise and guarantee access to information—regulated as a right with a broad subjective and objective scope—and to establish the obligations of good governance that public officials must fulfil as well as the legal consequences arising from any breach in this regard, which becomes something that all those who carry out activities of public relevance are accountable for.
Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights adapts the Spanish legal system to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Law 16/2023, of 21 December, on the Basque Data Protection Authority, is a Law of the Basque Parliament, the purpose of which is to adapt the organisation and operation of the regulations applicable in the Autonomous Community of the Basque Country to the provisions of Regulation (EU) 2016/679; those of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights; as well as those of Organic Law 7/2021, of 26 May, on the processing of personal data for the purposes of prevention, investigation, detection, or prosecution of criminal offences, and the execution of criminal penalties.
Legislation of the Bizkaia Provincial Council
- Provincial Regulation 1/2016, of 17 February, on transparency in Bizkaia.
- Provincial Decree 106/2020, of 1 December, of the Bizkaia Provincial Council, regulating the opening up of data on the open data portal of the Bizkaia Provincial Council, Open Data Bizkaia.
- Provincial Decree 81/2023, of 4 July, of the Bizkaia Provincial Council, which approves the Information Security and Personal Data Protection Policy of the Bizkaia Provincial Public Sector.
Provincial Regulation 1/2016, of 17 February, on transparency in Bizkaia, deals with transparency, in its dual aspects of active advertising and the right of access to public information, applied to the Bizkaia Provincial Council and the entities of the provincial public sector within the Historical Territory of Bizkaia.
Provincial Decree 106/2020, of 1 December, of the Bizkaia Provincial Council, regulating the opening up of data on the open data portal of the Bizkaia Provincial Council, Open Data Bizkaia, aims to regulate the opening up of data through the provincial open data portal, Open Data Bizkaia.
Provincial Decree 81/2023, of 4 July, of the Bizkaia Provincial Council, which approves the Information Security and Personal Data Protection Policy of the Bizkaia Provincial Public Sector, provides the legal framework for compliance with the General Data Protection Regulation and the National Security Scheme, applicable to the Bizkaia Provincial Council and the entities of the Bizkaia Provincial Public Sector.