BEINNOVA.ES – €2,000 Fine (Spain, 2021)
BEINNOVA.ES sent unwanted marketing emails to a person who never signed up for them. The Spanish data protection authority found this was against the law because the company didn’t have permission to send those emails. This case highlights the importance of getting consent before sending marketing messages.
What happened
BEINNOVA.ES sent advertising emails without the recipient's consent.
Who was affected
A person who received unsolicited marketing emails from BEINNOVA.ES was affected.
What the authority found
The authority ruled that BEINNOVA.ES violated the Spanish Information Society Services Act by sending emails without prior consent.
Why this matters
This decision emphasizes that companies must obtain permission before sending marketing emails. It serves as a reminder for businesses to review their email marketing practices.
National Law Articles
The complainant informed the AEPD on 2 July 2020 that he had been receiving e-mails from the website creation company "beiNNova" without him having any relationship with that company. The complainant sent emails to unsubscribe to the newsletter and to stop the sending of unwanted mail but he did not receive a reply from the company and the sending of emails continued. The AEPD initiated a sanctioning proceeding against "bieNNova" on 4 December 2020. Subsequently, the AEPD tried to contact the company and did not obtain any response or allegations. Is sending advertising emails without the consent of the recipient an infringement of Article 21 of the [https://www.boe.es/buscar/act.php?id=BOE-A-2002-13758 Spanish Information Society Services Act] (LSSI) implementing the e-Privacy Directive? The AEPD considered that the conduct of the company "bieNNova" infringed Article 21 LSSI (Ley de Servicios de Sociedad de la Información y de Comercio Electronico). Article 21 establishes that it is forbidden to send advertising or promotional communications by e-mail or any other equivalent means of electronic communication that have not been previously requested or expressly authorised by the recipients of such communications. Article 38(4)(d) of the same law graduates the sanction as minor, defining the conduct as "the sending of commercial communications by electronic mail or other equivalent means of electronic communication when such mailings do not comply with the requirements set out in Article 21 and do not constitute a serious infringement". In this case, the aggravating circumstance of the existence of intentionality was taken into account (Article 40(a) LSSI). The AEPD fined the controller €2000 for failing to comply with Article 21 LSSI.
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 (0)
No other enforcement actions found for BEINNOVA.ES in ES
This is the only recorded action for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
Fine Date
19 February 2021
Authority
Agencia Española de Protección de Datos
Fine Amount
€2,000
GDPRhub ID
gdprhub-3354About this data
Cite as: Cookie Fines. BEINNOVA.ES - Spain (2021). Retrieved from cookiefines.eu
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