10 Sep Data protection and mediation: what legal coverage do mediators have?

Data protection and mediation: what legal coverage do mediators have?

In the practice of mediation, confidentiality and the processing of personal data are essential issues. However, there is often confusion: can mediators use the phone number or email address of the party who has not yet contacted us in order to invite them to an information session?

The answer is clear: yes, we are legally entitled to do so. Otherwise, initiating any mediation would be impossible. We must not confuse data protection regulations with the legal coverage mediators —like lawyers and experts— have to handle the parties’ basic contact details.

The legal framework that supports us:

1. Law 5/2012 on Mediation in Civil and Commercial Matters

• Article 17 guarantees confidentiality of information disclosed in mediation but does not restrict the use of contact data necessary to initiate the procedure.
• Article 19 regulates the request to initiate and the appointment of the mediator, which implies the possibility of contacting the parties to propose and organize the mediation.

2. General Data Protection Regulation (EU 2016/679) and Spanish Organic Law 3/2018 (LOPDGDD)

• Art. 6.1.e GDPR: processing is lawful when necessary to perform a task carried out in the public interest. Mediation, legally recognized, falls under this category.
• Art. 6.1.b and f GDPR: it is also legitimate when necessary to manage a potential contractual relationship (mediation) and due to the legitimate interest of offering the parties an alternative dispute resolution mechanism.

Consequently, it is not necessary to obtain prior consent to use the other party’s phone or email address for the sole purpose of inviting them to a first information session. That said, we must limit the data to what is strictly necessary, use it only for that purpose, and always guarantee confidentiality.

When contacting a party who does not yet know us, we may use a transparent and professional wording, for example:

“Dear [name],
I am reaching out to you as a registered mediator with [corresponding register]. The [requesting party] has expressed their willingness to resolve the existing conflict through mediation, pursuant to Law 5/2012.
Within this legal framework, and in accordance with the GDPR and the LOPDGDD, I am authorized to use your contact details (phone and email) solely for the purpose of inviting you to an information session and exploring the possibility of carrying out a mediation.
I assure you that any information you share will be treated with strict confidentiality and used exclusively for the organization of the mediation.”

This type of communication reassures the party, demonstrates transparency, and conveys professionalism from the very first contact.

In summary: mediators can and must handle the contact details necessary to initiate a mediation process, always within the legal limits and with full respect for confidentiality. This is not a legal loophole but an express coverage that empowers us as legal operators.