EDP Comercializadora, S.A.U. – €75,000 Fine (Spain, 2020)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
EDP Comercializadora was fined for processing personal data without consent related to a gas contract. The company sent an invoice to someone who never signed a contract with them, which violated GDPR rules. This case highlights the importance of having clear consent before processing personal data.
What happened
EDP Comercializadora processed personal data for a gas contract without the individual's consent.
Who was affected
An individual who received an invoice for a gas contract they did not sign.
What the authority found
The AEPD found that EDP Comercializadora lacked a valid legal basis for processing the individual's data, violating GDPR's consent requirements.
Why this matters
This case underscores the need for companies to ensure they have clear consent before processing personal data. It serves as a reminder that businesses must verify consent, especially when dealing with third-party contracts.
GDPR Articles Cited
The company processed personal data in connection with a gas contract without the consent of the applicant. The decision finds that the applicant received an invoice for a gas contract which he did not sign and that EDP Comercializadora claims that the applicant is party to a contract with another energy company which has a supply contract with EDP Comercializadora and that the processing of data is therefore justified. The AEPD stated that EDP Comercializadora had to prove that the plaintiff had agreed to a contract with a second entity and not only with its direct energy supplier.
Related Enforcement Actions (1)
Other enforcement actions involving EDP Comercializadora, S.A.U. in ES
Details
Fine Date
7 January 2020
Authority
Agencia Española de Protección de Datos
Fine Amount
€75,000
Enforcement Tracker ID
ETid-174
About this data
Cite as: Cookie Fines. EDP Comercializadora, S.A.U. - Spain (2020). Retrieved from cookiefines.eu
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