Pagamastarde S.L. – €3,000 Fine (Spain, 2021)
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.
Pagamastarde S.L. continued to send SMS ads to a person even after they asked to delete their data. The Spanish data protection authority fined the company because it failed to follow the person's request due to a mistake. This case shows that businesses must respect user requests for data deletion.
What happened
Pagamastarde S.L. sent SMS advertisements despite a person's request to delete their data.
Who was affected
The person who requested their data deletion but continued to receive ads was affected.
What the authority found
The authority found that the company violated GDPR by not deleting the person's data as requested.
Why this matters
This case highlights the need for companies to have reliable processes for handling data deletion requests. It serves as a warning that failing to comply can lead to fines.
GDPR Articles Cited
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National Law Articles
The Spanish DPA (AEPD) has imposed a fine of EUR 5,000 on Pagamastarde S.L.. A data subject had filed a complaint with the AEPD against the controller due to the fact that the controller continued to send him SMS advertisements, despite the fact that he had requested the deletion of his data and the controller had confirmed the deletion. The controller stated that the data subject's request had not been fulfilled due to a human error. The fine is composed proportionately of EUR 3,000 for a violation of Art. 17 (1) GDPR and EUR 2,000 for a violation of Art. 21 LSSI. The original fine of EUR 5,000 was reduced to EUR 3,000 due to immediate payment and admission of guilt.
Violations (1)
The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).
Art. 7 GDPR
Related Enforcement Actions (0)
No other enforcement actions found for Pagamastarde S.L. in ES
This is the only recorded action for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
Fine Date
27 April 2021
Authority
Agencia Española de Protección de Datos
Fine Amount
€3,000
Enforcement Tracker ID
ETid-657
About this data
Cite as: Cookie Fines. Pagamastarde S.L. - Spain (2021). Retrieved from cookiefines.eu
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