Online Services – €10,000 Fine (Spain, 2020)

€10,000Agencia Española de Protección de Datos15 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.

Spain's data protection authority fined the online store banderacatalana.cat €10,000 for improperly handling children's data consent. This case is significant because it highlights the strict rules around children's data under GDPR. Online businesses should ensure they have proper consent mechanisms for minors.

What happened

The online store banderacatalana.cat violated GDPR by not obtaining proper consent for processing children's data.

Who was affected

Children under 16 who subscribed to the newsletter without parental consent.

What the authority found

The Spanish DPA found that the online store did not comply with GDPR's requirements for obtaining consent from minors.

Why this matters

This ruling underscores the importance of adhering to GDPR's rules on children's data. It serves as a reminder for online businesses to implement proper consent procedures for minors.

GDPR Articles Cited

Art. 13 GDPR
Art. 6(1)(a) GDPR
Art. 8(1) GDPR
Full Legal Summary
Detailed

The Spanish DPA (AEPD) fined the operator of the online store banderacatalana.cat. EUR 10,000 for a violation of Art. 13 GDPR. The operator stated on its website privacy notices that a minimum age of 13 or sufficient legal capacity was required to subscribe to the newsletter. It was also stated that filling out the newsletter subscription form would be considered as consent to the processing of personal data. This constitutes a violation of the GDPR, as according to Art. 8 GDPR, the processing of personal data of under-16-year-olds requires the consent of the holder of parental responsibility over the child.

Related Enforcement Actions (0)

No other enforcement actions found for Online Services in ES

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

Details

Fine Date

15 December 2020

Authority

Agencia Española de Protección de Datos

Fine Amount

€10,000

Enforcement Tracker ID

ETid-492

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Online Services - Spain (2020). Retrieved from cookiefines.eu

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