| Data Protection, Club Los Claveles and You, 30th July 2018 |
| As most of you are aware, a new Data Protection Law came into force throughout Europe at the end of May 2018. It is called the General Data Protection Regulations (GDPR). This new law consolidated and replaced existing Data Protection Law to standardise it throughout Europe. In order to comply with law, Club Los Claveles Committee has produced a Data Privacy notice explaining how the GDPR fits with Club Los Claveles and how your data is used and kept confidential. The Club has also produced a Data Protection Policy. As Data Protection is one of their specialist fields, these documents have been reviewed by BTO LLP, the Club’s solicitors, to ensure they comply with GDPR. You can view these documents on the Owners website. (See Numbered Items 30 & 31under Stop Press on the homepage). If you have any queries or concerns please contact Roger Lindsay, who is the designated Data Protection Officer for the Club, via communications@losclavelesowners.eu The Club Committee is very concerned that WimPen has yet to comply with the Arbitrator’s order to return the Club Los Claveles Members’ Register, despite this being endorsed by a Judge in Scotland. WimPen claims that Data Protection Law prevents it from doing this. This argument was not accepted by the Arbitrator and it is not supported by case law in Spain. Under similar circumstances to that at Los Claveles, the Spanish AEPD (equivalent to the Information Commissioners Office in the UK) decided that the Members Register belonged to the Owners of a shared property and not to the Management Company whose contract had come to an end. In the meantime, WimPen continues to use this register, which is in breach of European Data Protection Law. The latest instance of this is the sending out of the President’s Newsletter on behalf of Roger Barrow to all Club Members. In the newsletter it is stated that Club Members are not entitled to vote on Development Owners Association (DOA) matters, so it is not a legal use of the Club Members’ Register to distribute information regarding the DOA.ear Owner etc etc. Also WimPen continues to send out invoices and threatening letters to Members who have paid the Club, using the Members’ Register which, as its contract has expired, it is not entitled to do. If you are concerned and wish to make a formal complaint to either or both the Information Commissioner’s Office in the UK and the AEPD in Spain, about the illegal use of your personal information, you will find draft template letters here for the UK and here for Spain. You will need to put your information into the letter. Breaches of Data Protection Law under the GDPR can incur large fines, particularly in Spain. The Club Committee urges Members to take action against the illegal use of their personal information.  Albert Fletcher Chairman, Club Los Claveles |