- Enforcing jurisdiction
- United Kingdom · Geography does not establish applicable law.
- Confirmed applicable legislation
- No confirmed legal basis recorded.
- Privacy topics
American Express Services Europe Limited – €105,300 Fine (United Kingdom, 2021)
Privacy enforcement record
This record is classified outside cookie consent. Subject classification does not confirm an applicable law. It is not included in cookie statistics or the Risk Calculator.
American Express was fined for sending marketing emails to customers who had opted out of such communications. This case is important because it shows that companies must respect customers' choices about receiving marketing messages. It serves as a warning to all businesses about the importance of obtaining proper consent.
What happened
The ICO fined American Express for sending over 4 million marketing emails without adequate consent from recipients.
Who was affected
Customers of American Express who opted out of receiving marketing emails but still received them.
What the authority found
The ICO found that American Express failed to obtain proper consent for sending direct marketing emails, violating data protection laws.
Why this matters
This case emphasizes the need for businesses to have robust consent mechanisms in place. Companies must ensure they respect customers' preferences to avoid significant fines.
View original scraped data
Original imported citations before automated processing; the processing history does not establish independent verification.
Entities Involved
Source checks
Secondary-source text retrieved.
Automated check recorded — 3 April 2026.
Processing notes: articles corrected, national law identified, scope corrected.
Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources
Between 1 June 2018 to 31 May 2019, a total of 4,098,841 direct marketing messages were sent to subscribers who had opted-out to receiving marketing emails by, or at the instigation, of AMEX. These messages contained direct marketing material for which subscribers had not provided adequate consent. AMEX says the emails had not been classified as "marketing emails" but "servicing" emails " feeling that Card Members would be at a disadvantage if they were not aware of these campaigns and promotional periods". They consequently argued such emails did not demand consent under the UK PECR. The ICO was satisfied that these emails constituted "direct marketing" as defined by section 122(5) of the UK Data Protection Act 2018, because each of the emails encouraged customers to use their AMEX credit cards to make purchases. One category of emails (the AMEX app emails) also encouraged customers to download and/or use the AMEX app. Additionally, the ICO pointed out that AMEX's "International Email Policy - United Kingdom" indicates that "servicing" emails involve advertising and marketing content. The ICO considered that the contravention was serious as between the 12-month period, a confirmed total of 4,098,841 direct marketing messages were sent containing direct marketing material for which subscribers had not provided adequate consent. Further, AMEX had failed to take reasonable steps to prevent the contraventions. The ICO therefore fined AMEX £90,000.
Related Enforcement Actions (0)
No other enforcement actions found for American Express Services Europe Limited in UK
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
17 May 2021
Authority
Information Commissioner's Office
Fine Amount
€105,300
90,000 GBP
GDPRhub ID
gdprhub-3494About this data
Cite as: Cookie Fines. American Express Services Europe Limited - United Kingdom (2021). Retrieved from cookiefines.eu
Last updated: