AEPD Resolution: EXP202415458

The Incident (The "Missed Deadline"): A company called Talento Motor S.L., a motor vehicle business, was the subject of an earlier AEPD resolution dated 23 November 2025 under file number EXP202415458. Unhappy with that decision, the company decided to challenge it by filing a formal administrative appeal known as a recurso de reposición (an appeal for reconsideration).

The Procedural Failure: The original AEPD resolution was officially notified to Talento Motor S.L. on 1 December 2025. Under Spanish administrative law, the company had exactly one calendar month from that notification date to file its appeal. This meant the absolute deadline was 1 January 2026. However, Talento Motor S.L. did not submit its appeal until 5 January 2026, four days late.

The AEPD's Ruling: The AEPD's President examined the appeal and applied a strict, textbook analysis of the deadline rules under Spain's Administrative Procedure Act (Ley 39/2015, known as the LPACAP):

• Article 124 LPACAP states that the deadline for filing a recurso de reposición against an express administrative act is one month.
• Article 30.4 LPACAP specifies that when a deadline is set in months, it begins the day after notification and expires on the same calendar day of the following month.
• Article 116(d) LPACAP lists exceeding the filing deadline as a ground for declaring an appeal inadmissible (inadmisión).

Since the notification occurred on 1 December 2025, the one-month window expired on 1 January 2026. Talento Motor S.L.'s appeal, filed on 5 January 2026, was therefore out of time. The AEPD declared the appeal inadmissible due to being filed late (extemporáneo).

An Important Nuance — The Duty to Issue a Formal Decision: The AEPD noted that even though the appeal was filed late and would be deemed rejected by administrative silence (silencio administrativo desestimatorio) under Article 24 LPACAP, the Agency still had a legal obligation under Article 21.1 LPACAP to issue a formal, written resolution. This is a key feature of Spanish administrative law: the Administration must always respond expressly, even when the outcome is a foregone conclusion.

Based on Resolution EXP202415458, here is your protocol for responding to AEPD decisions and managing administrative deadlines in Spain:

1. Mark Your Calendar Immediately Upon Notification

The moment you receive an AEPD resolution, your legal clock starts ticking.

Action: Record the exact date of notification. For a recurso de reposición, your deadline is precisely one calendar month from that date. If notified on 1 December, your deadline is 1 January — not a day later. If the equivalent day does not exist in the expiry month (e.g., notified on 31 January), the deadline falls on the last day of the following month (28 or 29 February).

2. Do Not Rely on Bank Holidays or "Grace Periods"

Spanish administrative deadlines are strict and calculated to the day.

Action: If the deadline falls on a weekend or public holiday, it extends to the next working day — but only under the specific rules of Article 30.5 LPACAP. Do not assume a general "grace period" exists. Calculate your deadline precisely and aim to file several days early to account for any technical issues with electronic filing systems.

3. Use Electronic Filing and Keep Proof

The AEPD operates through its electronic headquarters (sede electrónica).

Action: Submit all appeals via the AEPD's official electronic platform at sedeaepd.gob.es. The system generates a timestamp and receipt. Keep this as your proof of filing. If you attempt to file on the last day and the system is down, you may have grounds for an extension, but this is risky and uncertain.

4. Understand What a Recurso de Reposición Actually Achieves

This type of appeal asks the same authority (the AEPD President) to reconsider its own decision. It is not an independent review.

Action: Before filing, assess realistically whether new arguments or evidence exist that could change the outcome. If not, it may be more strategic to skip the recurso de reposición entirely and proceed directly to a judicial appeal (recurso contencioso-administrativo) before the Audiencia Nacional, which must be filed within two months of the original resolution's notification.

5. Know Your Two Appeal Pathways

After an AEPD resolution, you have two options, and they are not cumulative in terms of time:

Option A — Recurso de Reposición: Filed within one month to the AEPD itself. Optional. Option B — Recurso Contencioso-Administrativo: Filed within two months to the Audiencia Nacional (a court). This is the judicial route.

Action: If you file a recurso de reposición and it is rejected (or inadmissible, as in this case), you then have two months from notification of that rejection to go to court. Filing a late recurso de reposición does not reset or extend your judicial appeal deadline. In fact, a failed procedural appeal can waste valuable time.