Solarwave Limited – €117,000 Fine (United Kingdom, 2021)
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.
The UK Information Commissioner's Office fined Solarwave Limited for making over 73,000 marketing calls without consent. These calls were made to people who had opted out of such communications. This case shows the importance of respecting people's marketing preferences.
What happened
Solarwave Limited made 73,217 unsolicited marketing calls to people registered with the Telephone Preference Service.
Who was affected
Individuals in the UK who had registered with the Telephone Preference Service to avoid marketing calls.
What the authority found
The ICO found Solarwave Limited violated privacy regulations by making unsolicited calls without consent.
Why this matters
This case highlights the importance of obtaining clear consent before making marketing calls. Businesses should ensure they respect consumer preferences and comply with regulations to avoid hefty fines.
National Law Articles
The UK DPA, the Information Commissioner's Office (ICO), examined the monthly reports received from the Telephone Preference Service Ltd (TPS), which described complaints about Solarwave Limited’s unsolicited marketing calls. Between 2 January 2020 and 2 October 2020, Solarwave Limited made 73,217 unsolicited direct marketing calls, and 30 complaints were submitted in relation to those calls. The calls were made to subscribers who had registered with the TPS and who had not given their prior consent to receive calls. ICO examined whether Solarwave Limited contravened regulation 21 of the Privacy and Electronic Communications Regulations 2003 (PECR), according to which a company can make direct marketing calls to individuals who are registered with the TPS (for not less than 28 days) only if those individuals consented to receiving such calls. Further, ICO examined whether the conditions under section 55A Data Protection Act 1998 (DPA) for the imposition of a monetary penalty are met. ICO confirmed that Solarwave Limited contravened regulation 21 of PECR, by making unsolicited direct marketing calls to subscribers who had registered with the TPS at least 28 days prior to receiving the calls, and who had not given their prior consent to Solarwave to receive calls. ICO also found that the conditions under section 55A DPA for the imposition of a monetary penalty were met. First, if found that the contravention was serious due to (among other) a substantial number (73,217) of unsolicited calls over a nine-month period, for which Solarwave Limited could not demonstrate that it held valid consent. Valid consent was defined by reference to the concept of consent in the General Data Protection Regulation (GDPR). Second, ICO found that Solarwave Limited acted negligently. It stated that companies have at their disposal detailed guidelines on carrying out marketing and on consent under the GDPR, which is why Solarwave Limited knew or ought reasonably to have known that the
Related Enforcement Actions (0)
No other enforcement actions found for Solarwave Limited in UK
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
4 June 2021
Authority
Information Commissioner's Office
Fine Amount
€117,000
100,000 GBP
GDPRhub ID
gdprhub-3561About this data
Cite as: Cookie Fines. Solarwave Limited - United Kingdom (2021). Retrieved from cookiefines.eu
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