Leglitas: Is it legal for my data to be transferred to a collection company?

by time news

2023-09-20 10:12:39

Updated Wednesday, September 20, 2023 – 10:11

Collection companies are service providers that act as intermediaries between the creditor and the debtor, thus claiming the debt of a third party following their instructions.

Sara Garcia | Leglitas Lawyer

As the Spanish Data Protection Agency itself indicates in its frequently asked questions, collection companies are service providers that act as intermediaries between the creditor and the debtor. That is, they do not claim their own debt, but rather the debt of the creditor, acting in their name and representation.

Therefore, in terms of privacy regulations or personal data protection, the person responsible for the processing of personal data is the creditor.

The collection company acts as your data processor, following your instructions, and both must have signed a data processing contract.

This means that there is no transfer of data to the collection companies, in terms of data protection, nor is it necessary, for the communication of the debtor’s data to the collection company, to have their consent.

If you have any questions or need to put your case in the hands of a lawyer, go to www.legalitas.com or call 91 422 80 80.

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