BANKIA, S.A. – €50,000 Fine (Spain, 2021)

€50,000Agencia Española de Protección de Datos6 July 2021Spain
final
ePrivacy
Fine

Spain's data protection authority fined Bankia EUR 50,000 for sending a marketing letter to a customer who had opted out of such communications. The bank claimed it was not marketing, but the authority disagreed, citing a lack of a valid legal basis. This case shows that businesses must respect customer preferences and have clear consent for marketing.

What happened

Bankia sent a marketing letter to a customer who had opted out of receiving such communications.

Who was affected

A bank customer who had previously objected to receiving marketing communications.

What the authority found

The Spanish DPA ruled that Bankia's letter was a marketing communication without a valid legal basis, as the customer had opted out.

Why this matters

This decision emphasizes that companies must honor customer opt-outs and ensure they have proper consent for marketing activities. It highlights the importance of transparency and respecting user preferences in communications.

GDPR Articles Cited

Art. 5(3) ePrivacy Directive GDPR
Art. 6(1)(f) GDPR
Art. 22(1) GDPR

National Law Articles

Article 22(1) LSSI
Full Legal Summary
Detailed

The case involved unauthorized commercial communications, not related to cookies or consent mechanisms.

Violations (2)

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Art. 13, 14 GDPR

Misleading Banner Messaging
critical

The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).

Art. 7 GDPR

Related Enforcement Actions (0)

No other enforcement actions found for BANKIA, S.A. in ES

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

Details

Fine Date

6 July 2021

Authority

Agencia Española de Protección de Datos

Fine Amount

€50,000

GDPRhub ID

gdprhub-3629

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified

Cite as: Cookie Fines. BANKIA, S.A. - Spain (2021). Retrieved from cookiefines.eu

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