“We need to create a culture of personal data protection”

What is your vision of the MICE sector?

The MICE sector is one of the most important in tourism, whose evolution has been In Crecendo. Like everything else, professionalization makes the offer that is created a differentiating milestone, offering the business travel customer that seriousness and good work that is required. Of course, adequate and correct management by this type of company attracts thousands of potential customers to any city, being beneficial, not only for the MICE sector itself, but for the city itself, for its shops, service companies, restaurants, etc.

In this regard, according to the International Congress and Convention Association (ICCA), Madrid has reached third position in the world ranking of conference cities, based on data regarding meetings organized during 2018, improving Madrid's position compared to 2017, where it was in seventh position. Likewise, depending on the countries and within this ranking, Spain rises one position and is in third place, with 595 congresses in 2018, behind the United States and Germany, and ahead of France, the United Kingdom and Italy. Very positive data and of which companies that work daily and belong to the MICE sector should be proud of.

Another great example of this evolution, professionalization and specialization of this sector is FITUR, the International Tourism Fair held in Madrid that attracts and has attracted, over the years, thousands of people in order to offer their travel proposals, either for companies or for the final consumer, since in 2018 a new B2B space focused on this type of tourism was created FITUR MITM — MICE & BUSINESS, being reinforced for FITUR 2019, and with very good prospects, we are sure of this, for this next FITUR 2020

I would like to add that, although it is true that these types of companies can be constituted in a variety of ways, no less true is that we must bear in mind the importance, in these cases, of the new regulation on package trips, so that they can discern whether they organize package trips as part of their daily activities. Our experience tells us that, as it could not be otherwise, this type of company takes advantage of organizing a congress or seminar for certain professionals to expand their offer to these users, so that, in their spare time, they take the opportunity to enjoy the city by taking excursions or even extending their stay for a few more days, as well as offering them the option of coming with their family.

Every company needs daily legal advice and to be up to date with existing regulatory changes that may affect a specific sector. At Tourism & Law, like the other companies that make up the InterMundial Group, we are aware of the importance of accompanying companies in the tourism sector in their daily lives, as our firm has been doing for more than 15 years. Preventive advice is of vital importance, in order to avoid future controversies that cause negative consequences for agents in the sector (administrative sanctions, reputational damage, criminal sanctions) that lead to greater negative implications for agents in the sector that, subsequently, are much more difficult to solve. We need to be aware that everyone is an expert in their field, and that as I said before, adequate legal advice prevents negative future consequences. Trusting a good professional is necessary to achieve that peace of mind in the day-to-day management of the business.

Why is the LOPD so important for the sector?

We must all be aware of the evolution of our society over the years, it is increasingly necessary to protect citizens and, of course, consumers themselves in different matters. Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD), was a Spanish organic law whose purpose was to guarantee and protect, with regard to the processing of personal data, public liberties and fundamental rights of individuals, and especially their honor, privacy and personal and family privacy. Since 1999 it has rained a lot, changes in society have been taking place incessantly and continuously, and more specifically in the technological sector. For this reason, regulations were absolutely necessary to preserve and guarantee this protection to individuals, through a new regulation, as it has been, through Organic Law 3/2018 on the Protection of Personal Data and the guarantee of digital rights, which adapts Spanish legislation to the General Data Protection Regulation of the European Union.

Any company is required to comply with the provisions of the aforementioned legislation, and must adapt its daily activity to it. With reference to what was said before, regarding the evolution that took place, one might ask, what company had its business website 20 years ago? , and now who doesn't have it? Payments are made through the web, data are exchanged, the consumer is informed and therefore it is necessary to inform the purpose of the data that has been collected, express consent is required in those cases in which there is no legitimate interest on the part of the person responsible for the treatment. In labor and human resources matters, with respect to employees of the company itself, it is necessary to establish action protocols regarding the use of workers' data, taking into account that we handle personal data. What was done years ago, such as sending a Curriculum Vitae to your neighbor who worked in a company and who sent it to the human resources person or to the owner of the company himself, and that CV stayed there; or it was printed and was on an employee's desk for months and months with such sensitive information, would now be negligent action on the part of the person responsible for the treatment. We must be aware of the importance in terms of data protection, so that our companies comply with the provisions of the legislation, work on protocols for action both the owners and the employees themselves. We are at a point where technology is advancing at breakneck speed, such as the example of artificial intelligence. We need to create a culture of personal data protection, not only to avoid administrative sanctions, but above all to avoid the long-forgotten reputational damage of companies.

In the face of 'back to school', what aspects do you think may be relevant for professionals working in the MICE sector?

It is true that the current political situation, both nationally and internationally, does not help, since a multitude of regulations are paralyzed that in the future may affect this sector, and we must be aware that sooner or later they will arrive. Despite this, in the last year we have been able to verify certain changes that have affected our sector and even the rest, such as the mandatory nature of Equality Plans in companies with more than 100 workers or the mandatory registration of working hours since May 12, 2019.

Indicate that on September 14, the technical innovations provided for in the Second European Payment Services Directive, PSD2, will come into force, whose history is the Payment Services Directive that was published in 2007 by the EU, whose purpose was to create a single payment market. The European Commission proposed the revision, in November 2015, of this first regulation, which gave rise to PSD2. As with any European directive, it must be transposed to the different member states, and in Spain, it came through Royal Decree-Law 19/2018 on payment services and other urgent financial measures, on November 23, 2018. Some of these new features are the increase in security requirements, as providers must require at least two authentication elements to carry out operations. This could be something that the customer knows (PIN or password), something they have (physical card) or something that “is” (biometric elements) and the requirement for banks to create specific and secure communication interfaces with new digital operators, to share the data of the customers who authorize it. Contributing to reducing barriers to entry for new agents, encouraging free competition, invocations in the sector and the reduction of payment costs for consumers.

Another example of this, pending approval by the European Union, and which will affect data protection with regard to commercial communications to customers is the E.Privacy Regulation, the European Parliament and the Council on respect for private life and the protection of personal data in the electronic communications sector and repealing Directive 2002/58/EC.

However, Tourism & Law works daily with a multitude of tour operators in the sector, in order to keep them informed, to ensure their interests and that the tourism sector, as one of the main engines of Spain, continues to grow and is an example to follow for other countries, through the specialization, professionalization and good work of all of us who work in this area.

Mª Paz Abad (Deputy Director T&L Attorney)

Article published in the SPANISH FEDERATION OF BUSINESS ASSOCIATIONS FOR THE PROFESSIONAL ORGANIZATION OF CONGRESSES