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Finland · Geography does not establish applicable law.
Confirmed applicable legislation

DPA case 8086/182/2019 – No Violation (Finland, 2023)

No Violation
DPA Tietosuojavaltuutetu24 March 2023Finland
final
ePrivacy
No Violation

Privacy enforcement record

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The Finnish Data Protection Authority looked into a lottery's requirement for participants to consent to direct marketing. They found that making consent a condition for entering the lottery is not voluntary and could mislead users. This decision highlights the importance of clear and genuine consent for marketing practices.

What happened

A lottery required participants to consent to direct marketing to enter.

Who was affected

People who wanted to participate in the lottery but were asked to consent to marketing.

What the authority found

The DPA noted that consent was not freely given since it was a condition for participation, which is against GDPR rules.

Why this matters

This case emphasizes that companies must ensure consent is truly voluntary and not tied to participation in other activities. Businesses should review their consent practices to avoid similar issues.

Recorded legal citations
Automatically processed
Art. 7(3) GDPR
Art. 7(4) GDPR
Art. 4(11) GDPR
View original scraped data
Art. 4(11) GDPR
Art. 7(3) GDPR
Art. 7(4) GDPR
Art. 95(GDPR)
Art. 5(3) ePrivacy Directive

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

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Secondary-source text retrieved.

Automated check recorded — 18 October 2026.

Processing notes: articles corrected.

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Full Legal Summary
Detailed

The Finnish DPA received a submission from a complainant regarding a data controller's processing of personal data in connection with a lottery. As a condition for participating to the lottery requested the participants to consent to direct marketing. According to the lottery, the complaint concerned a marketing campaign related to the company's 30th anniversary including a lottery for the customers, and the rules for the lottery said that in order to participate, a customer had to give their consent for direct marketing. Consent was given by ticking a box saying "Yes, I want to participate to the lottery and subscribe to direct marketing or I am already a subscriber". After receiving the first marketing email or newsletter, a data subject could unsubscribe by following instructions on the email. The Finnish DPA considered the following questions: 1) is consent for direct marketing freely given as required under Article 4 (11) GDPR when consent is a condition for participating in a lottery, and 2) has the data controller complied with Article 7(3) GDPR and provided a possibility to data subjects to withdraw consent. The Finnish DPA viewed that it is undeniable that participating to the lottery is depending on consent for marketing, and that a consent is not voluntary if data subject does not have real option to not give consent without having negative consequence. The DPA noted that the European Data Protection Board has stated that adding consent to agreement terms is strongly undesirable. The DPA stated that the wording in Article 7(4) GDPR is not absolute and that the view of the European Data Protection Board has been, there may be some rare cases where this conditionality would not invalidate the consent. When assessing whether consent is valid, the DPA paid attention to the purpose of processing personal data which in the case was about voluntary participation in the lottery. The Data Protection Commissioner emphasizes the importance of voluntary consent

Outcome

No Violation

The DPA investigated and found no violation.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 8086/182/2019 in FI

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

Details

Decision Date

24 March 2023

Authority

DPA Tietosuojavaltuutetu

GDPRhub ID

gdprhub-5828

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 8086/182/2019 - Finland (2023). Retrieved from cookiefines.eu

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