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SUMINISTRADOR IBÉRICO DE ENERGÍA, S.L. – €24,000 Fine (Spain, 2022)

€24,000Agencia Española de Protección de Datos3 November 2022Spain
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Fine

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SUMINISTRADOR IBÉRICO DE ENERGÍA, S.L. was fined €24,000 for billing a customer without a valid contract. The company acknowledged an internal error led to this issue. This case highlights the necessity for companies to have proper consent and contracts in place before processing personal data.

What happened

The company billed a customer illegally due to a lack of a valid contract.

Who was affected

A customer who was billed by the company without having agreed to a contract.

What the authority found

The authority ruled that the company violated GDPR by processing personal data without a legal basis.

Why this matters

This case underscores the importance of obtaining valid consent from customers before processing their data. Companies should review their contract processes to avoid similar issues.

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

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Full Legal Summary
Detailed

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.

Details

Fine Date

3 November 2022

Authority

Agencia Española de Protección de Datos

Fine Amount

€24,000

GDPRhub ID

gdprhub-5583

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. SUMINISTRADOR IBÉRICO DE ENERGÍA, S.L. - Spain (2022). Retrieved from cookiefines.eu

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