ARES CAPITAL, S.A. – €200,000 Fine (Spain, 2026)

€200,000Agencia Española de Protección de Datos14 April 2026Spain
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.

ARES CAPITAL, S.A. was fined for forcing employees to use apps that tracked their activity without proper limits. This matters because it highlights the importance of respecting privacy when using personal devices for work. Companies should ensure that any monitoring is necessary and transparent to their employees.

What happened

ARES CAPITAL, S.A. required employees to use apps that continuously monitored their location, messages, and calls without proper limitations.

Who was affected

Employees who were required to use the monitoring apps, whether on company or personal phones, were affected.

What the authority found

The Spanish Data Protection Authority found that ARES CAPITAL did not limit data processing to what was necessary, violating GDPR's requirement for data minimization.

Why this matters

This ruling emphasizes that companies must be careful about how they monitor employees, especially when using personal devices. It sets a precedent for ensuring that employee privacy is respected in the workplace.

GDPR Articles Cited

AI-verified

Art. 13(GDPR)
Art. 5(1)(c) GDPR
Art. 6(1) GDPR
Art. 6(1)(a) GDPR
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Art. 5(1)(c) GDPR
Art. 6(1) GDPR
Art. 6(1)(a) GDPR
Art. 13(GDPR)

Original data from scraper before AI verification against source document.

Source verified 18 April 2026
articles corrected
Full Legal Summary
Detailed

ARES CAPITAL, S.A. (the controller) is a company that offers transport services. In 2024, a data subject brought a complaint to the DPA. According to the data subject, the controller obliged the data subject to use four apps that continuously monitored their activity, including their location, messages and calls. These apps were used regardless of whether the data subjects used company phones or their personal phones for work related purposes. The controller claimed that data subjects had the choice of using company or personal phones. However, it also admitted that the availability of company phones was subject to budgetary restrictions, and that it encouraged data subjects to use their personal phones. The controller argued that data subjects were informed of the data processing through the mandatory apps. In addition, the controller argued that the processing was lawful as an essential part of the employment contract with the data subjects. Finally, the controller argued that the apps ceased processing data subjects’ data once they closed the apps. During its investigations, the DPA found that the apps processed data constantly. Two apps contained permissions to process additional data, such as location, information on the physical status of the data subject and photos and videos. The DPA found a violation of Article 5(1)(c) GDPR. The DPA stated any app used in personal phones for work-related purposes must limit their data processing activities to those that are strictly necessary. The DPA found that the apps did not comply with this requirement, and therefore the controller did not comply with the principle of data minimisation. The DPA referred to case law from the Spanish High Court,See SAN 136/2019 de 6 de febrero de 2019 (p. 15), ECLI:ES:AN:2019:136 https://www.poderjudicial.es/search/AN/openDocument/8ed60e51766c4e3e/20190219 in which the court highlighted that such measures to track employees were not proportionate and the company’s objectives could be

Related Enforcement Actions (0)

No other enforcement actions found for ARES CAPITAL, S.A. in ES

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

Details

Fine Date

14 April 2026

Authority

Agencia Española de Protección de Datos

Fine Amount

€200,000

GDPRhub ID

gdprhub-9940

About this data

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

Cite as: Cookie Fines. ARES CAPITAL, S.A. - Spain (2026). Retrieved from cookiefines.eu

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