Acea Energia SPA – €3,000,000 Fine (Italy, 2025)

€3,000,000Garante per la protezione dei dati personali10 April 2025Italy
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.

Acea Energia SPA was fined for not properly overseeing its marketing practices. The company allowed a sub-processor to contact people without their consent, which is against the rules. This case highlights the importance of companies ensuring their partners follow data protection laws.

What happened

Acea Energia SPA failed to ensure that its sub-processor obtained consent from individuals before contacting them for marketing purposes.

Who was affected

Individuals who were contacted by the sub-processor without their consent were affected.

What the authority found

The authority ruled that Acea Energia SPA did not adequately supervise its processor and was responsible for the illegal marketing practices.

Why this matters

This ruling emphasizes that companies must actively monitor their partners' compliance with data protection laws. Small businesses should ensure that any third-party service providers they work with follow the rules to avoid penalties.

GDPR Articles Cited
Automatically processed
Art. 6(GDPR)
Art. 7(GDPR)
Art. 13(GDPR)
Art. 24(GDPR)
Art. 25(GDPR)
Art. 28(GDPR)
Art. 32(GDPR)
Art. 5(1)(a) GDPR
Art. 5(1)(f) GDPR
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Art. 5(1)(f) GDPR
Art. 5(1)(a) GDPR
Art. 6(GDPR)
Art. 7(GDPR)
Art. 13(GDPR)
Art. 24(GDPR)
Art. 25(GDPR)
Art. 28(GDPR)
Art. 32(GDPR)

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

National Law Articles
AI-identified
Art. 130 d. lg.s 196/2003

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Processing notes: articles corrected, national law identified, scope corrected.

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Full Legal Summary
Detailed

Energy provider Acea Energia S.p.a. (the controller) relied on a number of processors and sub-processors for marketing purposes. In particular, the controller relied on a one-person company called Stefanelli Federica (the processor), which in turn relied on sub-processor MG Company. The controller concluded a DPA with the processor. However, the processor did not conclude a DPA with the sub-processor. Additionally, the sub-processor was not registered as a marketing operator, in violation of Italian national law. The sub-processor engaged in a long list of illegal practices such as contacting prospects without their consent, lying to prospects about (non-existing) billing issues, and eluding telemarketing laws under the pretence that it engaged in door-to-door marketing rather than telemarketing. Over one and a half years, the sub-processor concluded about 30.000 contracts and earned the processor about €2,000,000 in provisions. In 2024 a popular TV show aired a report on the sub-processor’s marketing practices. The authors of the show also reported their findings to the Italian DPA. In turn, the DPA opened a joint investigation with the financial police. The controller claimed that it was unaware of the sub-controller's involvement in its telemarketing activities and blamed the processor for engaging with the sub-processor without the controller’s knowledge. The DPA rejected the argument. The controller was responsible for appointing a reliable processor, and for watching over the compliance of the data processing chain. The controller clearly failed to do so in the case at hand. The appointed processor was a one-person business with no registered employees and could not possibly have concluded tens of thousands of contracts on behalf of the controller. So, the DPA held that the controller knew or should have known that the marketing involved unauthorized personnel. For this reason, the DPA held the controller responsible for several GDPR violations, including vi

Related Enforcement Actions (0)

No other enforcement actions found for Acea Energia SPA in IT

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

Details

Fine Date

10 April 2025

Authority

Garante per la protezione dei dati personali

Fine Amount

€3,000,000

GDPRhub ID

gdprhub-9203

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Acea Energia SPA - Italy (2025). Retrieved from cookiefines.eu

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