Nationale Maatschappij der Belgische Spoorwegen – €10,000 Fine (Belgium, 2022)

€10,000Autorité de Protection des Données4 May 2022Belgium
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.

The Belgian national railroad company was fined EUR 10,000 for sending newsletters without a valid legal basis and not allowing users to unsubscribe. This is important because it stresses the need for companies to respect user preferences and ensure they have permission to send marketing emails.

What happened

The railroad company sent newsletters without a valid legal basis and failed to include an unsubscribe option.

Who was affected

Recipients of the railroad company's newsletter who could not opt out.

What the authority found

The Belgian authority ruled that the railroad company lacked a valid legal basis for sending the newsletter and violated users' rights by not providing an unsubscribe option.

Why this matters

This ruling highlights the importance of obtaining proper consent for marketing communications and respecting user rights to opt out. Companies should review their email practices to avoid similar violations.

GDPR Articles Cited

Art. 5(1)(a) GDPR
Art. 6(1) GDPR
Art. 12(2) GDPR
Art. 21(2) GDPR
Full Legal Summary
Detailed

The Belgian DPA has imposed a fine of EUR 10,000 on the Belgian national railroad company (Nationale Maatschappij der Belgische Spoorwegen). A Twitter user who had received an e-mail newsletter from the railroad company had filed a complaint with the DPA. According to the Twitter user, the newsletter did not include an option to unsubscribe. During its investigation, the DPA found, first, that that there was no valid legal basis for the processing of personal data through the newsletter. Contrary to the railroad company's view, the DPA concluded that the newsletter was not necessary for the performance of the contracts between passengers and the company and that this performance interest therefore did not constitute a legal basis for the processing. Furthermore, the DPA found that the data subjects' right to object was not sufficiently taken into account, as it was not possible to unsubscribe from the newsletter directly via the e-mails.

Related Enforcement Actions (0)

No other enforcement actions found for Nationale Maatschappij der Belgische Spoorwegen in BE

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

Details

Fine Date

4 May 2022

Authority

Autorité de Protection des Données

Fine Amount

€10,000

Enforcement Tracker ID

ETid-1151

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Nationale Maatschappij der Belgische Spoorwegen - Belgium (2022). Retrieved from cookiefines.eu

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