Spanish court limits AEPD ability to claim interest on suspended fines

The Audiencia Nacional has ruled that the Spanish Data Protection Agency (AEPD) cannot demand late-payment interest for fines that have been provisionally suspended by a court order. The ruling follows a legal challenge by the company Meydis, which sought to contest additional costs imposed by the regulator during a period when the sanctions were legally stayed.

The court clarified that while late-payment interest is intended to compensate for delays in mandatory payments, this basis disappears when the enforceability of a sanction is suspended. The magistrates noted that the AEPD cannot apply tax-related regulations to justify these charges, as data protection sanctions fall under administrative law rather than tax law. The decision emphasizes that demanding interest during a precautionary suspension violates the principle of legality and the requirement for restrictive interpretation in sanctioning law.