A.C. Group S.r.l.s. – €10,000 Fine (Italy, 2023)

€10,000Garante per la protezione dei dati personali26 October 2023Italy
final
Fine

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.

A.C. Group S.r.l.s. was fined for making unsolicited telemarketing calls and using personal data without consent. They obtained this data from third parties, which is against the rules. This case is important because it shows the consequences of not respecting user consent in marketing practices.

What happened

A.C. Group S.r.l.s. was fined for using third-party data for telemarketing without obtaining proper consent from users.

Who was affected

Individuals who received unsolicited calls from A.C. Group S.r.l.s. were affected.

What the authority found

The Garante per la protezione dei dati personali found that the company violated GDPR by failing to obtain consent for processing personal data.

Why this matters

This ruling highlights the need for businesses to ensure they have clear consent before contacting users. It reinforces the importance of respecting privacy in marketing efforts.

GDPR Articles Cited

AI-verified

Art. 7(GDPR)
Art. 12(GDPR)
Art. 13(GDPR)
Art. 14(GDPR)
Art. 24(GDPR)
Art. 5(1)(a) GDPR
Art. 5(2) GDPR
Art. 6(1)(a) GDPR
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Art. 5(1)(a) GDPR
Art. 5(2) GDPR
Art. 6(1)(a) GDPR
Art. 7(GDPR)
Art. 12(GDPR)
Art. 13(GDPR)
Art. 14(GDPR)
Art. 24(GDPR)

Original data from scraper before AI verification against source document.

National Law Articles

AI-identified

Article 130 of the Italian Privacy Code
Source verified 5 April 2026
articles corrected
national law identified
scope corrected
Full Legal Summary
Detailed

On 2 February 2023, a complaint was submitted to the Italian DPA regarding the receipt on 30 December 2022 of an unsolicited telephone call from A.C. Group S.r.l.s. (the controller). The complainant stated that the controller had contacted him, although his user account was registered in the Italian Public Opt-out Registry (RPO). The RPO is an Italian registry extended to all national phone numbers, which allows citizens to opt-out of unwanted telemarketing calls. The complainant also considered unsatisfactory the controller's response to his request to exercise his rights under Articles 15, 17 and 21 GDPR brought on 4 January 2023. On 8 February 2023, the DPA requested further clarification, which the controller provided on 23 February 2023. The controller explained that it had obtained the telephone contact of the data subject from a third party, an American company, which had transmitted through WhatsApp the list of names that could be contacted, including the complainant. The controller stated that this had been an exception since business contacts would normally be provided by Italian companies that guaranteed that the contact lists were checked and ensured that the numbers were not in the RPO. It further added that it did not know that the third party was an American company since it only had its telephone number. The DPA noted that the controller carried out its promotional activity without verifying the conditions of lawfulness of the processing, especially without checking whether the complainant had given its consent. From the information gathered, it had been ascertained that the controller did not consult the RPO to check the lists provided by the third parties, even though it guaranteed to do so. It emerged that the controller had also not verified that the third parties had issued to the persons concerned an appropriate information notice under Article 14 GDPR nor that the third parties had acquired specific consent from the data subjects for the da

Violations (1)

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Art. 13, 14 GDPR

Related Enforcement Actions (0)

No other enforcement actions found for A.C. Group S.r.l.s. in IT

This is the only recorded action for this entity in this jurisdiction.

Details

Fine Date

26 October 2023

Authority

Garante per la protezione dei dati personali

Fine Amount

€10,000

GDPRhub ID

gdprhub-7486

About this data

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

Cite as: Cookie Fines. A.C. Group S.r.l.s. - Italy (2023). Retrieved from cookiefines.eu

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