Vodafone España, S.A.U. – €8,150,000 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.
Vodafone España was fined over 8 million euros for making marketing calls and sending messages without getting people's permission first. This is important because it shows that companies must respect people's choices about how they want to be contacted. Vodafone had been fined before, which made this penalty even bigger.
What happened
Vodafone España made advertising calls and sent messages without getting prior consent from people.
Who was affected
People who received marketing calls and messages from Vodafone España without giving their consent.
What the authority found
The Spanish DPA found that Vodafone España violated several rules by contacting people without consent and ignoring their objections.
Why this matters
This case highlights that companies must respect people's communication preferences and that repeated violations can lead to larger fines. Businesses should ensure they have proper consent mechanisms in place to avoid similar penalties.
GDPR Articles Cited
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National Law Articles
Since 2018, the Spanish DPA (AEPD) had received a total of 191 complaints against Vodafone España, S.A.U. The data subjects complained about advertising calls and messages (e-mail and SMS) made on behalf of Vodafone España as part of marketing campaigns. The contact was made without the prior consent of the data subjects and continued even after they had exercised their right to object. Furthermore, many data subjects were contacted even though their numbers were on the Robinson list. The AEPD explains that aggravatingly, it took into account that Vodafone España had regularly received fines in more than 50 cases from January 2018 to February 2020, and the fact that there had been 162 complaints received by the AEPD in just under two years. The fine is composed as follows: EUR 4 million for a breach of Art. 28 GDPR and Art. 24 GDPR; EUR 2 million for a breach of Art. 44 GDPR; EUR 150,000 for a breach of Art. 21 LSSI; and EUR 2 million for a breach of Art. 48 (1) b) LGT, Art. 21 GDPR and Art. 23 LOPDGDD.
Violations (1)
Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.
Art. 6(1) GDPR
Related Enforcement Actions (20)
Other enforcement actions involving Vodafone España, S.A.U. in ES
Fine
€8.2M
Similar Cases
Enforcement actions with similar violations
Details
Fine Date
11 March 2021
Authority
Agencia Española de Protección de Datos
Fine Amount
€8,150,000
Enforcement Tracker ID
ETid-594
About this data
Cite as: Cookie Fines. Vodafone España, S.A.U. - Spain (2021). Retrieved from cookiefines.eu
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