LEGAL NOTICE

Access to the datasets that the Bizkaia Provincial Council publishes on the Open Data Bizkaia portal constitutes acceptance of the established terms of use.

All the industrial and intellectual property rights of the website www.opendatabizkaia.eus and of its content (texts, images, sounds, audio, video, design, creativities, software) are owned by the Bizkaia Provincial Council.

Licence applicable to datasets

In general, unless otherwise stated, the datasets offered through Open Data Bizkaia are published under the terms of the Creative Commons licence (CC-BY 4.0).

This licence allows:

  • Users to copy, distribute, and publicly disseminate data.
  • Use of the data as a basis for derivative works as a result of their analysis or study.
  • Use for commercial or non-commercial purposes.
  • Users to modify, transform, and adapt data, making them public.

In relation to information anonymised for personal data protection or other reasons, it is expressly forbidden to re-identify persons using this data and other possible, past, present, and future data sources.

Acceptance of these terms of use does not constitute the granting of copyright or intellectual property rights over the dataset.

The Bizkaia Provincial Council reserves the right to publish datasets for which access, use, or re-use may be subject to the payment of a fee or financial consideration. This amount shall be intended to cover the costs associated with the production, reproduction, and dissemination of the datasets and shall in no case exceed these costs.

Recognition

Under the terms of the Creative Commons licence (CC-BY 4.0), the use, reproduction, modification, or distribution of the dataset is subject to the obligation to cite the source of the datasets as follows: “Data source: www.opendatabizkaia.eus”.

Conditions of Use

In accordance with the provisions of Article 8 of Law 37/2007 of 16 November on the re-use of public sector information, the re-use of information contained in datasets is subject to the following general conditions:

  • The content of the information, including its metadata, may not be altered.
  • The meaning of the information may not be distorted.
  • The source must be cited.
  • The date of the last update must be mentioned.
  • Where the information contains personal data, the specific purpose(s) of any possible future re-use of the data must be mentioned.
  • Where the information, even if provided in a dissociated form, contains sufficient elements that could allow the identification of data subjects in the process of re-use, users are prohibited from reversing the dissociation procedure by adding new data obtained from the source.

Changes to the dataset

The Bizkaia Provincial Council may add to, delete, or modify the published datasets or terms of use at any time and without prior notice.

Exclusion from liability

Both the Bizkaia Provincial Council and any of the public bodies participating in Open Data Bizkaia shall not be held liable for any consequences or damages that may arise from accessing or using the information.

Liability of the re-using party

Any natural person or legal entity using the data published by the Bizkaia Provincial Council shall be treated as a re-using party and as such must accept the datasets as they are and use them at their own risk.

The re-using party shall be subject to the applicable regulations on the re-use of public sector information, including the sanctioning regime provided for in Article 11 of Law 37/2007, of 16 November on the re-use of public sector information.

Information security and personal data protection guarantee

Bizkaia Provincial Council guarantees the strictest confidentiality when gathering and processing the data provided by the users. The legally required personal data protection security levels have likewise been adopted and all the technical measures and means at its disposal have been installed to avoid the loss, improper use, alteration and unauthorised access and theft of the personal data provided.

The EU General Data Protection Regulation (hereinafter GDPR) published in May 2016 and applicable from 25 May 2018 is directly applicable throughout the European Union, regarding the protection of individuals with respect to the processing of the personal data and to the free circulation of that data. https://www.boe.es/doue/2016/119/L00001-00088.pdf

Framework Act 3/2018 of 5 December on the protection of personal data and the guaranteeing of digital rights (hereinafter called the LOPDGDD) seeks to transpose the said regulations into Spanish law and guarantee the digital rights of citizens. https://www.boe.es/buscar/pdf/2018/BOE-A-2018-16673-consolidado.pdf

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. https://www.euskadi.eus/web01-bopv/es/bopv2/datos/2024/01/s24_0003.pdf

Royal Decree 311/2022, dated 3 May, which regulates the National Security Scheme, has the aim of ensuring that the entire public sector included in article 156.2 of Law 40/2015, dated 1 October, is aligned with the security requirements established in the scheme. https://www.boe.es/boe/dias/2022/05/04/pdfs/BOE-A-2022-7191.pdf

Law 7/2023, dated 29 June, of the Basque Cybersecurity Agency, has the aim of creating and establishing the agency’s functions to support and promote training on cybersecurity and safe digital development. https://www.euskadi.eus/web01-bopv/es/bopv2/datos/2023/07/2303488a.pdf

When exercising its competencies, and in compliance with its legal obligations, the Bizkaia Provincial Council develops activities and provides public services that require it process personal data, and all of this processing must comply with the legal guarantees in force, as included in the data protection regulations. In addition, the Bizkaia Provincial Council information system is in a permanent and continuous process of aligning itself with all applicable requirements, principles, and security measures necessary to that end in accordance with the National Security Scheme and all other applicable information security regulations.

DPO: The functions, responsibilities, status, and equipment of the Data Protection Officer are the responsibility of the head of the competent organic unit in the field of data protection and information security of the Bizkaia Provincial Council, in accordance with Provincial Decree 81/2023, of 4 July, approving the Information Security and Personal Data Protection Policy of the Bizkaia Provincial Public Sector, published in the Bizkaia Official Gazette No. 130 of 6 July 2023.