Spanish Data Protection Authority (AEPD) imposes fine on company for not complying with advertisement exclusion

Aug 17, 2020

Source: European Data Protection Board

The Spanish Data Protection Authority (AEPD) imposed a fine of 1.200 EUR on a company for calling the data subject, offering them a deal on hotels, while they were included in an advertisement exclusion system. By joining this system, the data subject exercised their right to object to processing for marketing purposes under Article 21 GDPR. However, the company did not comply with its obligation of consulting the advertisement exclusion system before making a telephone call with marketing purposes in order to avoid processing their personal data. 

The data subject received a call from the data controller’s number, stating that a friend of them had provided the company with their telephone number so that they offer them a hotel voucher, naming other friends of theirs and declaring that they had joined the promotion. 

The AEPD considered that this constitutes a breach of Article 48(1)(b) of the Spanish Law 9/2014 General Telecommunications.

You can read the text of the decision in Spanish here.

For further information, please contact the Spanish DPA:

The press release published here does not constitute official EDPB communication, nor an EDPB endorsement. This press release was originally published by the national supervisory authority and was published here at the request of the SA for information purposes. As the press release is represented here as it appeared on the SA’s website or other channels of communication, the news item is only available in English or in the Member State’s official language with a short introduction in English. Any questions regarding this press release should be directed to the supervisory authority concerned.

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