CREATOR ENERGY. S.L. – €6,000 Fine (Spain, 2021)

€6,000Agencia Española de Protección de Datos20 May 2021Spain
final
Fine

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

CREATOR ENERGY was fined €6,000 for using a person's data to sign them up for services they didn't ask for. The Spanish data authority found this violated privacy rules because the company didn't have permission to use the data. This case highlights the importance of verifying customer consent before processing their data.

What happened

CREATOR ENERGY used personal data to sign someone up for services without their consent.

Who was affected

The person whose data was used to enter into unwanted service contracts.

What the authority found

The Spanish data authority ruled that CREATOR ENERGY processed data without a legal basis, violating GDPR's requirement for consent.

Why this matters

This case underscores the need for companies to ensure they have clear consent before using personal data for contracts. It serves as a reminder that businesses must verify customer data and consent to avoid fines.

GDPR Articles Cited

Art. 6(1) GDPR
Art. 6(1)(b) GDPR
Full Legal Summary
Detailed

A data subject filed a complaint with the Spanish DPA (AEPD) against an energy services provider. The controller had used the complainant's personal data to contract gas and electricity supplies, as well as a maintenance service called Servielectric Xpress, which were not requested by the complainant. The respondent entered into these contracts without the consent or knowledge of the data subject. The AEDP held that the controller had used the data subject's personal data to make them party to a contract without any legitimacy, as the data subject had not requested such services. Therefore, the contract was not valid, what implied that the controller had processed the data without any legal basis. The AEPD therefore argued that for the legal basis for the processing set forth in Article 6(1)(b) GDPR to be legitimate, the data must be provided by the data subject. The controller has the obligation to verify with due diligence that the data subject had actually provided their data, setting identification requirements, for example, as part of their accountability and proactive responsibility obligation. The DPA concluded that the controller had violated Article 6(1) GDPR for processing data without a legal basis, and thus fined the controller €6000. In the present case, the following were taken into account as aggravating circumstances: * the intentionality or negligence of the infringement (Article 83(2)(b) GDPR) * the impact on basic personal identifiers (Article 83(2)(g) GDPR)

Related Enforcement Actions (0)

No other enforcement actions found for CREATOR ENERGY. S.L. in ES

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

Details

Fine Date

20 May 2021

Authority

Agencia Española de Protección de Datos

Fine Amount

€6,000

GDPRhub ID

gdprhub-3529

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. CREATOR ENERGY. S.L. - Spain (2021). Retrieved from cookiefines.eu

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