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EDP Comercializadora, S.A.U. – €75,000 Fine (Spain, 2020)

€75,000Agencia Española de Protección de Datos7 January 2020Spain
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Fine

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EDP Comercializadora sent a gas bill to a person who never signed a contract with them. The company claimed the person was part of a contract with another energy provider, but the court found they needed proof of that agreement. This case highlights the importance of obtaining consent before processing personal data.

What happened

EDP Comercializadora processed personal data related to a gas contract without the applicant's consent.

Who was affected

The applicant, who received an invoice for a gas contract he did not sign.

What the authority found

The authority ruled that EDP Comercializadora failed to prove that the applicant had consented to the contract, violating GDPR's requirements.

Why this matters

This ruling emphasizes that companies must have clear consent before using personal data. Small businesses should ensure they have proper agreements in place to avoid similar issues.

Recorded legal citations
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Art. 6 GDPR
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Art. 6(GDPR)

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Full Legal Summary
Detailed

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.

Details

Fine Date

7 January 2020

Authority

Agencia Española de Protección de Datos

Fine Amount

€75,000

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. EDP Comercializadora, S.A.U. - Spain (2020). Retrieved from cookiefines.eu

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