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BEINNOVA.ES – €2,000 Fine (Spain, 2021)

€2,000Agencia Española de Protección de Datos19 February 2021Spain
final
ePrivacy
Fine

Spain's data protection authority fined BEINNOVA.ES for sending unsolicited emails without user consent. The company ignored unsubscribe requests, which led to the fine. This case underscores the importance of respecting user preferences in email marketing.

What happened

BEINNOVA.ES was fined for sending advertising emails without the recipients' consent.

Who was affected

Individuals who received unsolicited emails from BEINNOVA.ES.

What the authority found

The authority found that BEINNOVA.ES violated the law by sending emails without prior consent from recipients.

Why this matters

This fine serves as a reminder for businesses to obtain explicit consent before sending marketing communications, reinforcing the need for compliance with e-Privacy regulations.

National Law Articles
AI-identified
Article 43(1)(b) LSSI
Article 21 LSSI
Article 38(4)(d) LSSI
Article 39(1)(c) LSSI

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Full Legal Summary
Detailed

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.

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.

Details

Fine Date

19 February 2021

Authority

Agencia Española de Protección de Datos

Fine Amount

€2,000

GDPRhub ID

gdprhub-3354

About this data

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

Cite as: Cookie Fines. BEINNOVA.ES - Spain (2021). Retrieved from cookiefines.eu

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