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Result of the resolution: Imposition of penalty
The outsourcing of a service on the part of a person in charge of the treatment, which in turn is an adjudicator of an administrative contract, has to fulfill a series of requirements that concern it directly: a) treating the data of personal character in accordance with the instructions of the responsible for the file or treatment, b) that the person in charge of the treatment (the adjudicator company of the contract) and the subcontracted company they formalize a contract in the terms of the article 12.2 of the LOPD, c) that he identifies in the contract formalized between the responsible for the file and the person in charge of the treatment, the company with which has to be subcontracted (in case this is not possible, the person in charge of the treatment, previous to the outsourcing, it will have to communicate to the responsible for the file the identification of the subcontractor); and, d) that in the contract formalized between the responsible for the file and the person in charge of the treatment the services that can be an object of outsourcing is foreseen expressly. The noncompliance of any of this requirements it means an offense to the regulations of data protection. Applied articles: 44.2.d) and 12 of LOPD, 21 RLOPD, 227 and DA twenty-sixth of the RDL 3/2011