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Fusiona Soluciones Energéticas, S.A. – €50,000 Fine (Spain, 2023)

€50,000Agencia Española de Protección de Datos17 May 2023Spain
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Fine

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Fusiona Soluciones Energéticas, S.A. was fined EUR 50,000 for improperly including a person's data in a credit information system. A court had already ruled that the person had no debt, but the company still reported them. This case highlights the importance of accurate data reporting and the consequences of failing to comply with legal standards.

What happened

The Spanish DPA fined Fusiona Soluciones Energéticas for reporting a person's data in a credit system without a valid legal basis.

Who was affected

A person whose data was incorrectly reported as being associated with a non-existent debt.

What the authority found

The DPA found that the company violated GDPR by processing data related to a debt that was not valid.

Why this matters

This ruling emphasizes the need for companies to ensure that any data they report is accurate and legally justified. Businesses must be cautious when handling sensitive financial information.

Recorded legal citations
Automatically processed
Art. 6(1) GDPR
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Art. 6(1) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Article 20 LOPDGDD

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Automated check recorded — 12 March 2026.

Processing notes: national law identified.

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Full Legal Summary
Detailed

The company Fusiona Soluciones Energéticas, the controler, filed a lawsuit against the data subject due to an alleged debt. In the judgment , a Spanish Court of First Instance dismissed the claim and declared that the data subject had no debt with the controller. Although the decision was final, the controller included the data subject's data in the 'common credit information system' associating them with the alleged debt. The data subject then filed a complaint with the Spanish DPA, which initiated disciplinary proceedings against the controller. The Spanish DPA concluded that the controller violated Article 6(1) GDPR. According to the DPA, when notifying the credit information system about a debt that is neither 'certain, nor due or payable', as required by [https://www.boe.es/boe/dias/2018/12/06/pdfs/BOE-A-2018-16673.pdf Article 20(1) LOPDGDD], the controller cannot rely on the presumption of legitimate interest established by this provision. Therefore, the DPA considered that the data processing lacked a legal basis and fined the controlle €50,000 for the violation of Article 6(1) GDPR.

Related Enforcement Actions (0)

No other enforcement actions found for Fusiona Soluciones Energéticas, S.A. in ES

This is the only recorded action for this entity in this jurisdiction.

Details

Fine Date

17 May 2023

Authority

Agencia Española de Protección de Datos

Fine Amount

€50,000

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Fusiona Soluciones Energéticas, S.A. - Spain (2023). Retrieved from cookiefines.eu

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