Energia Verde S.p.a. – €100,000 Fine (Italy, 2025)
Energia Verde S.p.a. faced a fine for making unwanted marketing calls without proper consent from individuals. This is important because it shows that companies must respect people's choices about how they are contacted.
What happened
Energia Verde made marketing calls to individuals who had not given consent and were on the Do Not Call registry.
Who was affected
Individuals who received unwanted marketing calls from Energia Verde despite being registered on the Do Not Call list.
What the authority found
The authority found that Energia Verde processed personal data without a legal basis and failed to document consent, violating multiple GDPR articles.
Why this matters
This ruling emphasizes the need for companies to have clear consent processes in place for marketing activities. It serves as a warning that ignoring consent can lead to significant penalties.
GDPR Articles Cited
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National Law Articles
The DPA received many complaints about aggressive marketing on behalf of energy provider Energia Verde S.p.a. (the controller). Data subjects repeatedly reported similar issues: * They received unwanted calls with no legal basis; * They received calls despite having signed up for the Do Not Call registry; * The controller did not honor their request. In its responses, the controller claimed that it was unable to grant requests because it relied on third party providers for marketing and could only forward the requests to those providers. The DPA opened a broad investigation against the controller. The investigation also covered the collection of consent to direct marketing via a consent form on the controller’s website, as well as the marketing activities carried out via several processors and sub-processors. During the investigation, the DPA required detaiedl information about all telemarketing contracts concluded during one specific week (“sample week”), including proof of consent to the initial marketing communication. The DPA found that about 6% of the contracts concluded during the sample week, related to numbers that were unlawfully called despite their inclusion in the Do Not Call registry. The DPA held that the controller * Processed personal data without a legal basis and without being able to document data subjects’ consent, in violation of Articles 5, 6, 7, and 25 GDPR as well as Article 130 d. lgs. 196/2003; * Engaged several processors and sub-processors without vigilating on their compliance and without concluding a data processing agreement, in violation of Articles 5, 24 and 28 GDPR; * Failed to respond to data subject’s inquiries and to honor their requests, in violations of Articles 12 and 15-22 GDPR; * Violated Article 157 d. lgs. 193/2003 by providing a late and incomplete response to the DPA’s inquiries in the context of the investigation. With regards to the consent forms on the controller’s website, the DPA observed that data subjects were
Violations (1)
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 Energia Verde S.p.a. in IT
This is the only recorded action for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
Fine Date
29 April 2025
Authority
Garante per la protezione dei dati personali
Fine Amount
€100,000
GDPRhub ID
gdprhub-9392About this data
Cite as: Cookie Fines. Energia Verde S.p.a. - Italy (2025). Retrieved from cookiefines.eu
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