Physician – €3,000 Fine (Spain, 2021)

€3,000Agencia Española de Protección de Datos21 May 2021Spain
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.

A Spanish doctor was fined EUR 3,000 for contacting former patients without permission after moving to a new clinic. The doctor broke both a contract and data protection rules by reaching out to these patients. This case highlights the importance of respecting privacy agreements when changing jobs.

What happened

A physician contacted former patients to inform them of his new clinic, violating a contract and data protection rules.

Who was affected

Former patients of the physician who were contacted without consent.

What the authority found

The Spanish DPA found the physician breached data protection laws by contacting patients without a valid reason.

Why this matters

This case serves as a reminder that professionals must adhere to privacy agreements and data protection laws, especially when transitioning between workplaces.

GDPR Articles Cited

Art. 6 GDPR
Full Legal Summary
Detailed

The Spanish DPA (AEPD) has fined a physician EUR 3,000. The controller had left his/her former clinic and started working in a new clinic. The complainant had taken over the controller's former clinic. The purchase agreement explicitly stated that the selling party (the controller) was not allowed to make a copy of the patient's files under any circumstances. Nevertheless, the controller had informed his/her former patients that his/her services could be obtained at his/her new clinic in the future. The AEPD found that the controller had acted not only in breach of contract but also in breach of data protection legislation by contacting the former patients.

Details

Fine Date

21 May 2021

Authority

Agencia Española de Protección de Datos

Fine Amount

€3,000

Enforcement Tracker ID

ETid-690

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Physician - Spain (2021). Retrieved from cookiefines.eu

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