Xfera Moviles S.A. – €40,000 Fine (Spain, 2020)

€40,000Agencia Española de Protección de Datos9 December 2020Spain
final
Fine

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.

The Spanish data protection authority fined Xfera Moviles EUR 40,000 for processing personal data without a proper legal basis. Fraudsters used someone's personal data to set up phone and internet accounts, but Xfera didn't verify if the contracts were legitimate. This case highlights the importance of verifying customer identities before processing their data.

What happened

Xfera Moviles processed personal data without verifying if the contracts were legitimate, leading to a fine.

Who was affected

Individuals whose personal data was used by fraudsters to set up accounts without their consent.

What the authority found

The Spanish authority found that Xfera Moviles lacked a valid legal basis for processing personal data, violating GDPR requirements.

Why this matters

This case underscores the need for companies to verify customer identities to prevent fraud and ensure compliance with data protection laws. Businesses should implement robust identity checks before processing data.

GDPR Articles Cited

Art. 6(1) GDPR
Full Legal Summary
Detailed

The Spanish DPA (AEPD) imposed a fine on Xfera Móviles, S.A. due to insufficient legal basis for data processing. The data subject states that two telephone and internet connections were registered in his/her name with a charge account. However, the data subject had never signed contracts with the company for any of these connections. In fact, the contracts in question were concluded by fraudsters using the personal data of the data subject. Nevertheless, the personal data were entered into the company's information systems without verifying whether the contracts had been lawfully and actually concluded by the data subject, whether he/she had given his/her consent to the collection and subsequent processing of his/her personal data or whether there was any other reason justifying the processing.

Related Enforcement Actions (10)

Other enforcement actions involving Xfera Moviles S.A. in ES

Current
Dec 2020

Fine

€40K

Details

Fine Date

9 December 2020

Authority

Agencia Española de Protección de Datos

Fine Amount

€40,000

Enforcement Tracker ID

ETid-477

About this data

Data: CMS GDPR Enforcement Tracker
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Cite as: Cookie Fines. Xfera Moviles S.A. - Spain (2020). Retrieved from cookiefines.eu

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