- Enforcing jurisdiction
- Spain · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
AUDAX RENOVABLES, S.A. – €12,000 Fine (Spain, 2021)
Privacy enforcement record
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Audax Renovables, S.A. was fined for calling a person who had opted out of marketing communications. The Spanish data protection authority found that the company ignored the individual's request to stop receiving such calls. This case emphasizes the need for companies to honor opt-out requests to protect consumer privacy.
What happened
Audax Renovables called a person for marketing purposes despite them being on the Robinson List, which prohibits such calls.
Who was affected
A person who had registered on the Robinson List to avoid marketing calls.
What the authority found
The Spanish data protection authority concluded that Audax Renovables violated the right to oppose marketing communications under GDPR.
Why this matters
This case reinforces the importance of complying with opt-out lists. Companies must take consumer preferences seriously to avoid penalties.
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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.
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.
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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