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DECO PROTESTE Editores, Lda. – €107,000 Fine (Portugal, 2019)

€107,000Commission Nationale pour la Protection des Données6 May 2019Portugal
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Fine

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Deco Proteste, a consumer protection association in Portugal, was fined for sending unsolicited marketing emails to a person who never agreed to receive them. This case highlights the importance of obtaining consent before contacting potential customers. Companies need to ensure they have proper consent mechanisms in place to avoid similar penalties.

What happened

Deco Proteste sent unsolicited direct marketing emails to a person without their consent.

Who was affected

A person who received unsolicited marketing emails from Deco Proteste.

What the authority found

The authority ruled that Deco Proteste violated GDPR by processing personal data without valid consent.

Why this matters

This ruling emphasizes that companies must obtain explicit consent before sending marketing communications. It serves as a reminder for businesses to review their marketing practices and consent processes.

Recorded legal citations
Automatically processed
Art. 28 GDPR
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Art. 28(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Article 13A of the Portuguese e-Privacy Act
Portuguese Data Protection Act (Act 67/98)

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Automated check recorded — 3 April 2026.

Processing notes: articles corrected, national law identified.

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Full Legal Summary
Detailed

A data subject received unsolicited direct marketing emails from Deco Proteste. Deco Proteste was the largest Portuguese Consumer Protection association, operating, in this matter, as Deco Proteste Edições Lda., a limited liability company. The data subject never provided their personal data to Deco Proteste and, as a result, never consented to receiving direct marketing emails from the organization. The data subject filed a complaint with the Portuguese DPA (CNPD). After the investigation, 45 other unsolicited direct marketing emails, between the dates of 11th of October 2011 and 5 of June 2013, were added to the complaint. Deco Proteste claimed that the personal data of the data subject was part of a database owned by a direct marketing company it had subcontracted to provide direct marketing services. As such, the claimed it was the direct marketing company that was the controller, not Deco Proteste. The DPA upheld the complaint and imposed a fine of €107,000. Deco Proteste was assigned a role of a data controller. The DPA did not accept the controller's arguments that the marketing agency who sent the marketing communications was acting as an independent controller.The fact that the controller used a third party to assist in direct marketing of its products did not exclude their status of controller, even if the database used was owned by that third-party. Hence, the marketing company was considered by the DPA as a processor. Also, the DPA explained the legitimate interest under Article 6(1)(f) GDPR was not the applicable legal basis to use the data subject's contact details for direct marketing purposes. The DPA considered that all direct marketing emails sent referred to products and services offered by controller. It also considered that controller freely, voluntarily and consciously decided to process personal data without any legal basis to promote its products and services, neglecting its legal obligations under the Personal Data Protection

Related Enforcement Actions (0)

No other enforcement actions found for DECO PROTESTE Editores, Lda. in PT

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

Details

Fine Date

6 May 2019

Authority

Commission Nationale pour la Protection des Données

Fine Amount

€107,000

GDPRhub ID

gdprhub-3292

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. DECO PROTESTE Editores, Lda. - Portugal (2019). Retrieved from cookiefines.eu

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