Digital Growth Experts Limited – €70,200 Fine (United Kingdom, 2020)

Seeking to capitalise and profit from the pandemic, DGEL sent the texts between 29 February and 30 April 2020. These texts were promoting a hand sanitising product that it claimed to be “effective against coronavirus”. The messages were all sent to people who had not consented to receive them. Overall, 16,190 were received. Throughout the ICO’s investigation, DGEL was unclear and inconsistent in its responses. It was also unable to provide sufficient evidence that it had the consent it is required to have under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR). DGEL came to the ICO's attention when complaints (forwarded via short text 7726 to the GSMA’s Spam Reporting Service) were incorporated into the ICO’s Monthly Threat Assessment, which is used to identify organisations in breach of PECR. Did DGE violated Regulations 22 and 23 of PECR by sending out over 16,000 unsolicited marketing messages during the Covid-19 pandemic? The ICO found that DGE contravened Regulations 22 and 23 of PECR. The ICO finds that, between the 29 February 2020 and 30 April 2020, there were 16,190 direct marketing text messages received by subscribers. The Commissioner finds that DGE transmitted the direct marketing messages sent, contrary to Regulation 22 of PECR. The ICO therefore imposed a £60000 fine on DGE.