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Vodafone ONO – €100,000 Fine (Spain, 2021)

€100,000Agencia Española de Protección de Datos22 July 2021Spain
final
Fine

Privacy enforcement record

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Vodafone was fined for making unsolicited calls to a person who had opted out. The company ignored the individual's request to stop and failed to erase their data. This case highlights the importance of respecting users' privacy choices.

What happened

Vodafone ONO was fined for continuing to make unsolicited commercial calls despite a user's request to stop.

Who was affected

The individual who received unwanted calls from Vodafone after opting out.

What the authority found

The Spanish DPA found that Vodafone violated GDPR by not respecting the user's right to object to unsolicited communications.

Why this matters

This ruling underscores the necessity for companies to honor users' privacy preferences. It serves as a warning that ignoring opt-out requests can lead to significant fines.

Recorded legal citations
Automatically processed
Art. 17 GDPR
Art. 21 GDPR
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Art. 17(GDPR)
Art. 21(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Ley 9/2014, de 9 de mayo, General de Telecomunicaciones

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Processing notes: national law identified.

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Full Legal Summary
Detailed

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-3688

About this data

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

Cite as: Cookie Fines. Vodafone ONO - Spain (2021). Retrieved from cookiefines.eu

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