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Virgin Media Limited – €58,500 Fine (United Kingdom, 2021)

€58,500Information Commissioner's Office6 December 2021United Kingdom
final
Fine

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Virgin Media was fined for sending marketing emails to customers who had opted out of receiving such messages. This is important because it shows that companies must respect users' preferences regarding marketing communications. Businesses should ensure they have valid consent before sending marketing materials.

What happened

Virgin Media sent direct marketing emails to 451,217 subscribers who had opted out of marketing communications.

Who was affected

Subscribers of Virgin Media who had previously opted out of receiving marketing emails.

What the authority found

The Information Commissioner's Office ruled that Virgin Media violated regulations by not obtaining valid consent for the marketing emails.

Why this matters

This ruling emphasizes the importance of respecting customer preferences and obtaining consent for marketing communications. Companies should review their marketing practices to avoid similar issues.

National Law Articles
AI-identified
Data Protection Act 2018
The Privacy and Electronic Communications (EC Directive) Regulations 2003

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Linked-source text retrieved.

Automated check recorded — 12 March 2026.

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Full Legal Summary
Detailed

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

About this data

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

Cite as: Cookie Fines. Virgin Media Limited - United Kingdom (2021). Retrieved from cookiefines.eu

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