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Supervista Optics Spain – €20,000 Fine (Spain, 2024)

€20,000Agencia Española de Protección de Datos26 September 2024Spain
final
ePrivacy
Fine

Supervista Optics Spain was fined EUR 20,000 for sending a marketing email to a customer who had opted out of such communications. This case shows that businesses must respect customer preferences regarding marketing. Companies should ensure they have clear consent before sending promotional messages.

What happened

Supervista Optics Spain sent a marketing email to a customer who had previously opted out of receiving such communications.

Who was affected

A customer of Supervista Optics Spain who had exercised their right to object to marketing communications.

What the authority found

The Spanish DPA found that Supervista Optics Spain violated ePrivacy rules by sending marketing content without valid consent.

Why this matters

This ruling highlights the importance of honoring customer preferences in marketing. Businesses must have effective systems in place to manage opt-out requests to avoid penalties.

National Law Articles
AI-identified
Article 21 LSSI

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Linked-source text retrieved.

Automated check recorded — 4 April 2026.

Processing notes: national law identified.

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Full Legal Summary
Detailed

On the 2 January 2024, the data subject filed a complaint against the controller, Supervista Optics - an optician, with the Spanish DPA (AEPD). The data subject had received an email from the controller informing her that although it had been two years since she had purchased glasses with the controller, she is entitled to a free eye examination with the controller. The data subject had previously exercised her right to object to receiving any marketing communications on 24 May 2023. The controller had acknowledged receipt of the request and placed the data subject on a “marketing blacklist”. The controller argued, that the communication was a service email, which did not discuss content of a commercial nature. It detailed that it was justified in sending this email as the warranty for the purchased glasses had not expired yet. It further argued that Article 21(2)(1) of the Spanish transposition of the e-privacy Directive, Law 34/2002 ([https://www.boe.es/buscar/act.php?id=BOE-A-2002-13758 Ley 34/2002 - LSSI]) allows for the delivery of commercial advertisements as long as there is a contractual relationship between the controller and the data subject. The AEPD held, that any form of communication, which directly or indirectly promotes the goods, or services of a company is classified as being of a commercial nature. Although the service offered is free of charge, it is performed as part of the controller’s commercial activity as an opticians. [https://www.boe.es/buscar/act.php?id=BOE-A-2002-13758 Article 21(2)(1) LSSI] would only hold up if the data subject had not specifically exercised their right to object. The AEPD set a fine of €20,000 for the violation of [https://www.boe.es/buscar/act.php?id=BOE-A-2002-13758 Article 21(1) of the LSSI].

Related Enforcement Actions (0)

No other enforcement actions found for Supervista Optics Spain in ES

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

Details

Fine Date

26 September 2024

Authority

Agencia Española de Protección de Datos

Fine Amount

€20,000

GDPRhub ID

gdprhub-8596

About this data

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

Cite as: Cookie Fines. Supervista Optics Spain - Spain (2024). Retrieved from cookiefines.eu

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