Fastweb S.p.A. – €1,000,000 Fine (Italy, 2024)

€1,000,000Garante per la protezione dei dati personali20 June 2024Italy
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.

Fastweb S.p.A. made unsolicited phone calls to people who had opted out of marketing calls, violating their privacy rights. The company was fined €1,000,000 for not respecting the opt-out registry that allows users to avoid unwanted telemarketing. This case shows that companies must honor user preferences regarding marketing communications.

What happened

Fastweb S.p.A. called individuals who had registered to opt-out of marketing calls, breaching their privacy rights.

Who was affected

Individuals who had opted out of telemarketing calls but still received calls from Fastweb S.p.A.

What the authority found

The authority found that Fastweb S.p.A. violated GDPR by not respecting the opt-out requests of users, leading to a significant fine.

Why this matters

This ruling emphasizes the need for companies to respect user consent and preferences in marketing. Businesses should regularly review their marketing practices to ensure compliance.

GDPR Articles Cited
Automatically processed
Art. 13(GDPR)
Art. 12(1) GDPR
Art. 12(3) GDPR
View original scraped data
Art. 12(1) GDPR
Art. 12(3) GDPR
Art. 13(GDPR)

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

National Law Articles
AI-identified
Art. 1(5) legge 5/2018
Art. 1(6) legge 5/2018
Art. 130(3-bis) d.lgs. 196/2003
Art. 130(4) d.lgs. 196/2003

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Full Legal Summary
Detailed

The DPA received several complaints and informal reports about unsolicited phone calls made by Fastweb, a telecommunication provider, to data subjects. Moreover, an investigation carried out by the DPA showed that 7,75% of the phone calls were made to data subjects who had signed up for the Italian opt-out registry (Registro Pubblico delle Opposizioni – RPO). The RPO is an Italian registry extended to all national phone numbers, which allows citizens to opt-out of unwanted telemarketing calls. According to [https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:2018-01-11;5~art1 Article 1(5) of Law 5/2018], when a data subject signs up for the RPO, this has the effect of revoking their previous consent given for marketing purposes. However, pursuant to the same article, consent is deemed valid if it was given in the context of a contract which is still in place. The controller classified its phone calls in 3 categories: * “inbound” calls, made by the data subject to the controller’s customer service; * “websales” calls, made by the controller to the data subject after acquiring their specific consent through a comparison website or after the data subject entered their phone number because they wanted to be called back. In the case the data subject had signed up to the RPO, this consent would however be valid since it was given after the registration pursuant to to [https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:legge:2018-01-11;5~art1 Article 1(6) of Law 5/2018]; * “outbound” calls, made by the controller (or its processor) to the data subject. As for this type, the controller pointed out that if the call is directed to a non-client, it always relies on consent acquired in a legitimate way. On the other hand, if it is directed to a client, the legal basis is the legitimate interest to propose better offers to the data subject. Finally, data subjects complained about the fact that they were provided with a form that had pre-ticked consent boxes as for the r

Violations (1)

Pre-ticked Consent Boxes
high

Cookie consent checkboxes are pre-selected by default, violating the requirement for active, affirmative consent.

Art. 4(11) GDPR

Details

Fine Date

20 June 2024

Authority

Garante per la protezione dei dati personali

Fine Amount

€1,000,000

GDPRhub ID

gdprhub-8192

About this data

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

Cite as: Cookie Fines. Fastweb S.p.A. - Italy (2024). Retrieved from cookiefines.eu

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