AUDAX RENOVABLES, S.A. – €12,000 Fine (Spain, 2021)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
Audax Renovables was fined for calling a person who had opted out of marketing communications. This case is important because it highlights the rights individuals have to refuse marketing calls and the need for companies to respect those rights.
What happened
Audax Renovables contacted a person for marketing purposes despite them being on the Robinson List, which indicates they do not want such communications.
Who was affected
An individual who had opted out of receiving marketing calls by signing up for the Robinson List.
What the authority found
The Spanish data protection authority ruled that Audax Renovables violated privacy laws by ignoring the individual's request to not receive marketing calls.
Why this matters
This case underscores the importance of respecting individuals' choices regarding marketing communications. Companies should ensure they have processes in place to honor opt-out requests.
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A data subject lodged a complaint with the Spanish DPA (AEPD) against an energy company. The company had called them for commercial reasons, despite the data subject having signed up for the Robinson List a few months before. A Robinson List is an opt-out list for people who do not wish to receive marketing communications. The AEPD remarked that the [https://www.boe.es/buscar/act.php?id=BOE-A-2014-4950 Spanish Telecommunications Act] (LGT) forbids, in its Article 48(1)(b), commercial communications when the subject has opposed to them. The DPA also related this prohibition to Article 21 GDPR, which gives the data subject the right to oppose to the processing of their personal data. The controller alleged that the LGT was not applicable to the case, since the main activity of the energy company is not related to telecommunications. However, the DPA argued that Article 48(1)(b) GDPR is applicable to commercial communications, regardless of the main activity of the company that carries out such communications. Therefore, the AEPD concluded that the controller had ignored the right to oppose to the processing of the data subject, exercised via the inclusion in the Robinson List, and therefore violated Article 48(1)(b) GDPR. The DPA fined the controller €12,000.
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 AUDAX RENOVABLES, S.A. in ES
This is the only recorded action for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
Fine Date
17 June 2021
Authority
Agencia Española de Protección de Datos
Fine Amount
€12,000
GDPRhub ID
gdprhub-3591About this data
Cite as: Cookie Fines. AUDAX RENOVABLES, S.A. - Spain (2021). Retrieved from cookiefines.eu
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