GF – Complaint Upheld (Italy, 2025)
A marketing consultancy, GF, faced a complaint for refusing to stop using a former customer's image after she withdrew her consent. The customer had initially agreed to let the company use her story for marketing, but later wanted it removed. This case shows that companies must respect individuals' rights to change their minds about consent.
What happened
GF refused to stop using a former customer's image and story for marketing after she withdrew her consent.
Who was affected
A former customer whose image and story were used by the marketing consultancy without her consent after she withdrew it.
What the authority found
The authority upheld the complaint, indicating that the company failed to honor the customer's right to revoke consent for her data usage.
Why this matters
This ruling reinforces the importance of respecting consent in marketing practices. Companies should have clear policies in place to allow individuals to withdraw their consent easily.
GDPR Articles Cited
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The case involved a marketing consultancy company (GF, the controller) and a former customer (the data subject). The data subject undertook a marketing course organized by the controller. Before the course, the controller and the data subject entered into a contract. The contract included a provision by which the data subject consented to the processing of certain data for advertising the controller's business: specifically, she allowed the controller to publish her case as a “success story” for the controller’s business. The data subject later filmed a "success story" and provided it to the controller, who published it on its website. The data subject later withdrew her consent to this processing and requested the controller to stop using her image and footage for advertising purposes. The controller refused and claimed that the processing was authorized under the contract. The data subject then filed a complaint with the DPA, claiming that the controller failed to grant her right to revoke consent. In its defense the controller pointed out that the processing of the subject’s data for the purpose of advertising, was mutually agreed upon in a contract and that the clause in question had no time limit. On these grounds, the controller claimed that the data subject could not revoke her consent or, at least, that she could not do so without first offering compensation to the controller. At some point during the investigation, the controller complied with the data subject’s request. The DPA upheld the complaint and found that the controller unlawfully dismissed the data subject’s request. Contrary to the controller's arguments, the DPA held that the right to revoke consent could not be limited on grounds that its exercise would entail negative economic consequences for the controller. Furthermore, the DPA found that in the case at hand, the data subject provided her “success story” to the controller spontaneously and not to perform a contractual obligation on her sid
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Violations (1)
No accessible mechanism exists for users to withdraw previously given cookie consent.
Art. 7(3) GDPR
Related Enforcement Actions (0)
No other enforcement actions found for GF in IT
This is the only recorded action for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
Decision Date
10 July 2025
Authority
Garante per la protezione dei dati personali
GDPRhub ID
gdprhub-9495About this data
Cite as: Cookie Fines. GF - Italy (2025). Retrieved from cookiefines.eu
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