Result of the resolution: Declaration of breach
Offense by lack of contract of person in charge, in a case, not to stipulate in the contract that governs the rendering of services for one third the concrete safety measures that the person in charge of the treatment has to implement; and, in another case, for two noncompliances related with the outsourcing: a) requiring the implementation of a level of safety measures that it does not fit to the reality of the effectively treated particulars, which the implementation of measures of a level of superior security would require, from the sub person in charge of the treatment; and b) to subcontract the service without in the contract formalized between the responsible for the file or treatment and the person in charge of the treatment the services/treatments that can be an object of outsourcing being specified. Applied articles: 44.2.d) and 12 LOPD, DA 31st Law 11/2007, DA 26th RDLEG 3/2011, 21 RLOPD, 103 Law 14/2010