G.L.P. INSTALACIONES 86, S.L. – €60,000 Fine (Spain, 2020)

The complainant stated that he called Naturgy's commercial attention telephone number to ask for a price estimate of the air conditioning installation in their home. Naturgy took the complainant's personal data and he was told that he would be contacted shortly by the company collaborator of Naturgy. The complainant was contacted by two companies which both presented themselves as Naturgy partners. It is recorded in the file that the company that the claimant chose was G.L.P. Instalaciones 86, S.L. As the complainant had numerous problems with G.L.P. Instalaciones 86, S.L. because of the installation, he complained to Naturgy, and their answer was that they had not sent G.L.P. Instalaciones 86, S.L and that this company was not their authorized installer. Naturgy declared to the Spanish DPA that the claimed entity is not a collaborating company of this company and, that Naturgy did not communicate any customer data to it. Therefore, it is not known how G.L.P. Instalaciones 86, S.L obtained the complainant's personal data. Is the processing of personal data by a company without being legally entitled to do so an infringement of Article 6(1) GDPR? The Spanish DPA held that the documentation in the file provides evidence that G.L.P. Instalaciones 86, S.L violated Article 6(1) GDPR, since it processed the personal data of the claimant (name, surname, NIF, telephone number, correspondence address, address of the object of the contract, bank account, email), without a legal basis for processing it. In this case, it was taken into account as an aggravating factor that there has been no cooperation by the complainant with the agency in order to remedy the infringement and mitigate its defects and that basic personal identifiers, as set out in Articles 83(2)(f) GDPR and 83(2)(g) GDPR, are affected. In addition, the annual turnover of the company complained of was considered to be a mitigating factor, as set out in Articles 83(2)(k) GDPR and 76(2)(c) LOPDGDD. Therefore