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

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

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Nationale Maatschappij der Belgische Spoorwegen was fined EUR 10,000 for not allowing users to unsubscribe from their email newsletter. The Belgian data protection authority found that the company lacked a valid reason for processing personal data through the newsletter. This case emphasizes the importance of respecting users' rights to control their personal information.

What happened

Nationale Maatschappij der Belgische Spoorwegen sent newsletters without providing an option to unsubscribe.

Who was affected

Twitter users who received the company's email newsletter without the ability to opt-out.

What the authority found

The authority ruled that the railroad company did not have a valid legal basis for processing personal data through the newsletter and failed to respect users' rights.

Why this matters

This case serves as a reminder for businesses to ensure that their marketing communications comply with data protection laws, particularly by providing clear options for users to manage their subscriptions.

Recorded legal citations
Automatically processed
Art. 5(1)(a) GDPR
Art. 6(1) GDPR
Art. 12(2) GDPR
Art. 21(2) GDPR
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Art. 5(1) a) GDPR
c) GDPR
Art. 6(1) GDPR
Art. 12(2) GDPR
Art. 21(2) GDPR
(3)
(4) GDPR

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

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Processing notes: articles corrected, national law identified.

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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

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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