Virgin Media Limited – €58,500 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.
Virgin Media was fined for sending marketing emails to people who had opted out. This is important because it shows that companies must respect customers' marketing preferences. The fine emphasizes the need for businesses to ensure they have proper consent before sending promotional messages.
What happened
Virgin Media sent marketing emails to 451,217 people who had opted out of receiving such communications.
Who was affected
Recipients of Virgin Media's marketing emails who had previously opted out.
What the authority found
The UK authority found Virgin Media violated marketing rules by sending emails without the required consent.
Why this matters
This case serves as a reminder for companies to respect customer preferences and obtain clear consent for marketing communications. It highlights the importance of maintaining accurate marketing lists to avoid penalties.
National Law Articles
Virgin Media is a British telecommunications company. It first came to the attention of the ICO in connection with this matter on 10 August 2020. The ICO received a complaint (the “Complaint”) about a direct marketing email they had received from Virgin Media on 4 August 2020. The Commissioner found that Virgin Media contravened regulation 22 of PECR for the following reasons. 1. On or around 4 August 2020 there were 451,217 direct marketing emails containing the Marketing Preference Reminder received by subscribers. 2. The Marketing Preference Reminder sought to entice or encourage customers to update their marketing preferences. It also marketed Virgin Media’s commercial offerings, i.e. “the great Virgin Media stuff we have on offer for you…our latest TV, broadband, phone and mobile news, competitions, product and bundle offers.” 3. As such, the Price Freeze Emails containing the Marketing Preference Reminder fell within the definition of direct marketing as set out at paragraph 6 above. 4..Virgin Media, as the sender of the direct marketing, was required to ensure that it was acting in compliance with the requirements of regulation 22 of PECR, and that valid consent to send those messages had been acquired. 5. The requisite consent was not obtained because the 451,217 recipients of the direct marketing had opted out of marketing communications. No issue arises as to whether consent was “freely given”, “specific”, “informed” and “unambiguous”, because consent was not given. 6. In the course of the investigation, Virgin Media stated that in deciding (i) which customers would receive Price Freeze Emails, and (ii) the wording for the same, Virgin Media relied on the ICO Direct Marketing Guidance (v. 2.3). Virgin Media noted that the ICO Direct Marketing Guidance provides [at paragraph 194] that people can change their minds and that marketing strategies also change, and that there is some merit in making sure that the information about people’s preferences is acc
Related Enforcement Actions (0)
No other enforcement actions found for Virgin Media Limited in UK
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
6 December 2021
Authority
Information Commissioner's Office
Fine Amount
€58,500
50,000 GBP
GDPRhub ID
gdprhub-4420About this data
Cite as: Cookie Fines. Virgin Media Limited - United Kingdom (2021). Retrieved from cookiefines.eu
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