European, state and regional regulations

The publication of open data and the reuse of public information is governed by a set of European, national and regional regulations that promote publication in reusable formats and with free licenses, as well as establishing the rights and duties of reuse for companies, society in general and public administrations.

European legislative framework:

• General Data Protection Regulation (GDPR) on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
• Corrigendum to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
• Directive (EU) 2019/1024 of 20 June 2019 on open data and reuse of public sector information.
• Commission Implementing Regulation (EU) 2023/138 of 21 December 2022 establishing a list of specific high-value datasets and modalities for publication and reuse.

State legislative framework:

• Law 37/2007, of November 16, 2007, on the reuse of public sector information.
• Law 18/2015, of July 9, amending Law 37/2007, of November 16, on reuse of public sector information.
• Royal Decree 3/2010, of January 8, which regulates the National Security Scheme in the field of Electronic Administration.
• Royal Decree 951/2015, of October 23, amending Royal Decree 3/2010, of January 8, regulating the National Security Scheme in the field of Electronic Administration.
• Royal Decree 4/2010, of January 8, which regulates the National Interoperability Scheme in the field of e-Government.
• Royal Decree 1495/2011, of October 24, which develops Law 37/2007, of November 16, on the reuse of public sector information, for the scope of the state public sector.
• Resolution of February 19, 2013, of the Secretary of State for Public Administrations, approving the Technical Interoperability Standard on Reuse of information resources (NTI-RISP).
• Law 19/2013, of December 9, 2013, on transparency, access to public information and good governance.
• Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations.
• Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.
• Royal Decree-Law 24/2021, of November 2, on the transposition of European Union directives in the areas of covered bonds, cross-border distribution of collective investment undertakings, open data and reuse of public sector information, exercise of copyright and related rights applicable to certain online transmissions and retransmissions of radio and television programs, temporary exemptions for certain imports and supplies, for consumers and for the promotion of clean and energy efficient road transport vehicles.

Regional and local regulations:

• Decree 19/2011, of February 10, which regulates the use of electronic media in the Public Administration of the Autonomous Community of the Canary Islands.
• Law 12/2014, of December 26, on transparency and access to public information.
• Order of December 18, 2017, approving the Metadata Scheme of the Public Administration of the Autonomous Community of the Canary Islands.
• Resolution of December 26, 2019, providing for the publication of the Agreement that entrusts the elaboration of the Canary Islands Agenda for Sustainable Development.