The COVID 19 pandemic has generated the general paralysis of many associative and cultural activities, being a severe problem the celebration of the annual General Assemblies, since with the State of Alarm the meetings are with capacity limited to very few people. The regulation leaves a way to do it ... but is it safe?
Indeed, we are receiving numerous inquiries from members of associations of different types and conditions who are requesting the possibility of holding their General Assembly despite the extreme mobility and meeting conditions to which we are subjected due to the COVID 19 pandemic. < br>
The LORDA, in its article 21, considers as a right of every member to participate in the activities of the association and in its governing bodies, representation, and of course to vote and attend the General Assembly.
Having said the above, and given the impossibility of general assemblies held in person, the possibility of carrying out the realization by telematic means opens up.
Daily practice tells us that the most common is that the Statutes of the associations do not contemplate the possibility of telematic assemblies, especially those that have already been active for a few years, in this case, if the Statutes do not mention the possibility What and how is it done? Can you solve the problem?
The norm manifests an apparently convenient form: the meetings may be held by video conference or by multiple telephone conference, provided that technical requirements are applied and the Secretary validates the identification. The established time will be until December 31 (RDL 21/2020, of June 9).
It is evident that in terms of personal data protection great unknowns are opened since it is about the processing of personal data through technological environments that in most associations are precarious to put it mildly, without taking into account privacy by design or by defect, nor having carried out the corresponding risk assessment or the impact assessment plan, if applicable.
All of the above means that if the aforementioned meeting is held, a detailed study of threats, legal and technological risks in terms of data protection in compliance with art. 25 of the RGPD, creating action protocols, equipping itself with the appropriate human and technological equipment and the necessary documentation to cover all the needs that the risk analysis indicates.
Therefore, our recommendation is that prior to the realization of this type of telematic Assemblies the corresponding consultation be made to the Data Protection Delegate.
We invite you to continue to download the next webinar on our website where our specialists will comment on incidents and possible solutions to this problem.
A cordial greeting.