Vodafone ONO – €100,000 Fine (Spain, 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.
Vodafone was fined €100,000 by the Spanish data protection authority for making unsolicited marketing calls. This happened even after a person asked Vodafone to stop and remove their data. The case highlights the importance of respecting people's requests to opt out of marketing communications.
What happened
Vodafone made unsolicited commercial calls to a person who had opted out and requested data deletion.
Who was affected
Individuals who received marketing calls from Vodafone despite opting out and requesting data deletion.
What the authority found
The Spanish data protection authority found Vodafone violated data protection rules by ignoring requests to stop marketing calls and delete personal data.
Why this matters
This case underscores the need for companies to honor opt-out requests and data deletion demands. Businesses should ensure they have systems in place to respect customer preferences and avoid similar penalties.
GDPR Articles Cited
National Law Articles
A data subject filed a case before the Spanish DPA (AEPD) for receiving unsolicited commercial calls on behalf of Vodafone, even after explicitly exercising their right to object and right to erasure as per Articles 21 and 17 GDPR. The data subject had also signed up for the Robinson List. The Spanish DPA investigated the case and applied the national [https://www.boe.es/buscar/act.php?id=BOE-A-2014-4950 Telecommunications Act]. Particularly, the DPA found a violation of Article 48(1)(b) of this law, setting the right to object to unsolicited communications. The DPA then considered the violation as serious, following Article 77 of the same law. Specifically, the reasons why the violation was deemed as serious are: (a) the previous offences committed by Vodafone, (b) the benefit derived to Vodafone by the infringement, (c) the damage caused and its reparation, (d) the non-cessation of the infringing activity. For these reasons, the Spanish DPA imposed a fine of €100,000 to Vodafone, reduced a 20% (to €80,000) because of early payment.
Related Enforcement Actions (0)
No other enforcement actions found for Vodafone ONO in ES
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
22 July 2021
Authority
Agencia Española de Protección de Datos
Fine Amount
€100,000
GDPRhub ID
gdprhub-3688About this data
Cite as: Cookie Fines. Vodafone ONO - Spain (2021). Retrieved from cookiefines.eu
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