- Enforcing jurisdiction
- Spain · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
VODAFONE ESPAÑA S.A.U. – €42,000 Fine (Spain, 2020)
Privacy enforcement record
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Vodafone España was fined for continuing to send emails to a customer despite a legal order to stop. This case highlights the importance of respecting customer privacy and legal agreements.
What happened
Vodafone sent invoice emails to a customer even after an arbitration ruling required them to stop all communications.
Who was affected
The individual customer who received the unwanted emails was directly affected by Vodafone's actions.
What the authority found
The Spanish data protection authority ruled that Vodafone processed the customer's personal data without a legal basis, violating GDPR.
Why this matters
This ruling stresses that companies must comply with legal decisions regarding customer data. Other businesses should ensure they respect such orders to avoid penalties.
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On 9 July 2019, a citizen filed a complaint with the AEPD because he continued to receive emails from Vodafone regarding payments despite the existence of an Arbitration Award prohibiting him from continuing with these communications. On April 2, 2018, the Galician Institute of Consumer Affairs issued an Arbitration Award stating that Vodafone must stop issuing invoices and that the complainant had caused the definitive cancellation of any type of activated service and that Vodafone must eliminate the complainant's data from any type of database. On 25 September 2019, the claimant once again sent a letter to the AEPD stating that Vodafone continued to violate its rights by failing to comply with the arbitration award and the order of execution of the arbitration award dated 25 March 2019, issued by the Court of First Instance No. 3 of Pontevedra. On February 24, 2020, the respondent (Vodafone) stated that the measures set forth in the Arbitration Award were fully executed. Nevertheless, due to a computer error, they continued to send invoice notifications. Is it a breach of Article 6 (1) GDPR to send out invoice mails when the obligation to cease this conduct has been laid down in an Arbitration Award? The AEDP considered that the documentation provides evidence that Vodafone infringed Article 6 (1) GDPR since it processed the complainant's personal data without having any legitimacy to do so. Aggravating circumstances were taken into account when setting the amount of the penalty: -this is an unintentional but significant negligent action identified (Art. 83 (2) (b) GDPR). -basic personal affected (Art. 83 (2) (g) GDPR). -Actions previously committed, as this is not an isolated case as Vodafone had committed similar offences previously (Art. 83 (2) (e) GDPR) -The continuous nature of the infringement attributed to the defendant (Art. 76 (2) (k) LOPDGDD) For all the circumstances described, the amount of the penalty was set at € 70000.
Related Enforcement Actions (0)
No other enforcement actions found for VODAFONE ESPAÑA S.A.U. in ES
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
16 November 2020
Authority
Agencia Española de Protección de Datos
Fine Amount
€42,000
GDPRhub ID
gdprhub-2902About this data
Cite as: Cookie Fines. VODAFONE ESPAÑA S.A.U. - Spain (2020). Retrieved from cookiefines.eu
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