SUMINISTRADOR IBÉRICO DE ENERGÍA, S.L. – €24,000 Fine (Spain, 2022)
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.
An electricity and gas company was fined for billing a customer without a valid contract. The customer complained after receiving invoices for a service they never agreed to. This case emphasizes the need for companies to ensure they have proper agreements in place before charging customers.
What happened
SUMINISTRADOR IBÉRICO DE ENERGÍA billed a customer without a valid contract.
Who was affected
A customer who received invoices for a service they did not consent to.
What the authority found
The authority determined that the company violated GDPR by processing the customer's data without a legal basis.
Why this matters
This ruling highlights that companies must have clear contracts and consent from customers before processing their information. It serves as a warning to businesses to double-check their contract procedures.
GDPR Articles Cited
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The electricity and gas company (controller) billed a data subject illegally, in absence of a valid contract for that. On 14 February 2022, the data subject filed a complaint to the Spanish DPA. The data subject provided several invoices and transaction data from his bank account, which were related to a contract that he had not agreed to. The data subject also showed that he had complained about this issue to the controller several times. On 18 April 2022, the controller acknowledged that there had been an internal error which had resulted in the unjustified contracting. The controller used a two-step system for contract-signings over the phone. The first step was informing data subjects on the phone about the nature of the service provided by the controller. The second step followed after data subjects accepted the conditions on the phone, after which the controller would send a contract to the data subject by SMS for a signature in order to give consent. According to the controller, the data subject had accepted the conditions, but did not sign the contract and did therefore also not consent to the contract. However, due to an internal synchronisation error at the side of the controller, it seemed that the data subject had signed the contract by SMS and had consented to the contract. The DPA determined that the controller had violated Article 6(1) GDPR because of a lack of a legal basis for processing. The DPA determined that this was a fraudulent contract because of a missing signature from the data subject. The processing by the controller was carried out without a legitimate reason. The DPA originally fined the controller €30,000. That amount was reduced to €24,000 due to a voluntary payment by the controller.
Related Enforcement Actions (3)
Other enforcement actions involving SUMINISTRADOR IBÉRICO DE ENERGÍA, S.L. in ES
Fine
€24K
Details
Fine Date
3 November 2022
Authority
Agencia Española de Protección de Datos
Fine Amount
€24,000
GDPRhub ID
gdprhub-5583About this data
Cite as: Cookie Fines. SUMINISTRADOR IBÉRICO DE ENERGÍA, S.L. - Spain (2022). Retrieved from cookiefines.eu
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