Enforcing jurisdiction
Spain · Geography does not establish applicable law.
Confirmed applicable legislation

DPA case PS/00043/2020 – Violation Found (Spain, 2020)

Violation Found
Agencia Española de Protección de Datos10 December 2020Spain
final
Violation Found

Privacy enforcement record

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A Spanish citizen reported that a website collecting personal data did not have a privacy policy. The Spanish Data Protection Agency confirmed this was a breach of the law but only issued a warning since the individual stopped collecting data after being notified. This case emphasizes the importance of having clear privacy policies on websites.

What happened

The agency found that the website did not provide a privacy policy while collecting personal data.

Who was affected

Visitors to the website who provided personal information without being informed about data processing.

What the authority found

The authority decided that the lack of a privacy policy violated GDPR's requirement to inform users about data processing.

Why this matters

This case highlights the necessity for all websites to have a privacy policy, reminding operators to ensure compliance to avoid potential issues.

Recorded legal citations
Automatically processed
Art. 13 GDPR
Art. 83(5) GDPR
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Art. 13(GDPR)
Art. 83(5) GDPR

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

National Law Articles
AI-identified
Art. 5 LOPD

Source checks

Linked-source text retrieved.

Automated check recorded — 18 October 2026.

Processing notes: articles corrected, national law identified.

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Full Legal Summary
Detailed

A citizen brought to the attention of the AEPD that the website that the respondent used as a platform for the position of president of a professional association in Madrid in 2019, did not have a privacy policy or legal notice, and therefore could be in breach of the right to information of visitors to the website. The website contained a form to collect personal data (name, telephone number, and e-mail address) from those interested in the project led by the defendant. The respondent stopped the data processing when it was warned of the possible unlawfulness of the conduct, and the AEPD was able to verify that the personal data collection form had been removed. Is collecting personal data without the required privacy policy a breach of Article 13 GDPR? The AEPD considered that, in the present case, it was sufficient to impose a warning sanction for breach of the duty to provide information on the processing of data, as set out in article 13 GDPR. In order to determine the level of the sanction, the AEPD took into account the fact that this is a natural person whose main activity is not linked to the processing of personal data and that there is no evidence of recidivism, as there is no record of the commission of previous infringements.

Outcome

Violation Found

The DPA found a violation but did not impose a fine.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case PS/00043/2020 in ES

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

Details

Decision Date

10 December 2020

Authority

Agencia Española de Protección de Datos

GDPRhub ID

gdprhub-3112

About this data

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

Cite as: Cookie Fines. DPA case PS/00043/2020 - Spain (2020). Retrieved from cookiefines.eu

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