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American Express Services Europe Limited – €105,300 Fine (United Kingdom, 2021)

€105,300Information Commissioner's Office17 May 2021United Kingdom
final
Fine

Privacy enforcement record

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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.

Recorded legal citations
Automatically processed
Art. 7(4) GDPR
Art. 4(11) GDPR
View original scraped data
Art. 4(11) GDPR
Art. 7(4) GDPR

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

National Law Articles
AI-identified
Regulations 2003 PECR
Section 122(5) of the Data Protection Act 2018

Entities Involved

American Express Services Europe Limited
American Express Services Europe Limited

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Full Legal Summary
Detailed

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-3494

About this data

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

Cite as: Cookie Fines. American Express Services Europe Limited - United Kingdom (2021). Retrieved from cookiefines.eu

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