Raise Marketing SL – €1,500 Fine (Spain, 2020)

The complainant received unwanted marketing calls from Raise Marketing SL despite being on the "Robinson List". Raise Marketing has entered into an agency contract for teleshopping with Factor Energía SA. In this contract, it is stipulated that whenever Raise Marketing contact a recipient, the call will be associated to Raise Marketing rather than Factor Energía. Raise Marketing is also obliged to consult the "Robinson List" and refrain from contacting those included in the List. Raise Marketing recognised that it had not respected its contractual obligations with Factor Energía. Does an unwanted marketing call to a person included on the "Robinson List" infringe that person's right to object? The Spanish DPA (AEPD) held that it was important for Raise Marketing to note that the complainant was included on the "Robinson List" regardless of the contractual obligation. According to Article 33(2) of the Spanish data protection law (LOPDGDD), Raise Marketing is responsible for the data processing since it used the claimant's data for its purposes. The DPA held that the facts of the case suggest that the right to opposition was violated in breach of Article 48(1)(b) of the Spanish Telecommunications law (LGT) on the right to oppose unwanted calls. The DPA also highlighted that Raise Marketing violated the data subject's right to object (Article 21 GDPR and Article 23 LOPDGDD). The DPA fined Raise Marketing €1500 for this violation of the law.