Acceso público a la identidad de socios y accionistas: especialidades del derecho a examen del libro registro

Résumé

The knowledge of the personal information identifying the members of the company is of considerable importance, both from the perspective of acquiring control of the company and, on the contrary, the retention of that power. This information, which is considered personal data in view of the new regulations on data protection (GDPR and LOPDGDD), is included in the Register of Members and in the Register of Registered Shares, depending on the case. Thus, the right to access the contents of these two registers, whose control and custody corresponds to the company's administrative bodies, is of crucial importance for the aforementioned cases. For this reason, this study seeks to go deeper into the scope of the right to access the Register under Articles 105 and 116 of the Spanish Corporations Law, in its necessary interrelationship with the aforementioned regulations. To this end, it will analyze, on the one hand, the principles relating to the processing and, as one of its fundamental manifestations, the legal basis that must necessarily concur in order to legitimize such processing on the basis of the aims pursued or proposed.