Fortum Marketing and Sales Polska S.A. – €1,129,698 Fine (Poland, 2022)

€1,129,698Urząd Ochrony Danych Osobowych19 January 2022Poland
final
Fine

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.

Fortum Marketing and Sales Polska was fined for not properly informing customers about a data breach. The breach exposed sensitive customer information, but the company didn't think it was risky enough to notify everyone. This case shows the importance of assessing and communicating risks accurately.

What happened

Fortum failed to notify all affected customers about a data breach that exposed their personal information.

Who was affected

Fortum's customers, whose personal and contract details were exposed in the breach, were affected.

What the authority found

The Polish DPA fined Fortum for not notifying customers about the breach, as it posed a high risk to their personal data.

Why this matters

This case highlights the critical need for companies to evaluate data breaches accurately and communicate with affected individuals. It underscores the importance of transparency and accountability in data protection practices.

GDPR Articles Cited

AI-verified

Art. 5(1)(f) GDPR
Art. 24(1) GDPR
Art. 25(1) GDPR
Art. 28(1) GDPR
Art. 28(3)(c) GDPR
Art. 28(3)(f) GDPR
Art. 32(1) GDPR
Art. 32(2) GDPR
View original scraped data
Art. 5(1)(f) GDPR
Art. 24(1) GDPR
Art. 25(1) GDPR
Art. 28(1) GDPR
Art. 28(3)(c) GDPR
Art. 28(3)(f) GDPR
Art. 32(1) GDPR
Art. 32(2) GDPR

Original data from scraper before AI verification against source document.

National Law Articles

AI-identified

Article 267 of the Act of 6 June 1997 of the Penal Code (Journal of Laws of 2020, item 144, as amended)

Entities Involved

Fortum Marketing and Sales Polska S.A.
PIKA Sp. z o.o.
Source verified 5 March 2026
national law identified
entity split needed
Full Legal Summary
Detailed

The controller, Fortum Marketing and Sales Polska S.A. ("Fortum"), trades in electricity and gas fuel, including the sale of electricity and gas to end customers, both in the business sector and to households. Within the scope of its business activity, Fortum cooperates with the processor PIKA Spółka z o.o. ("PIKA"). PIKA provides Fortum with archive services, including digital archives. The parties are bound by a Data Processing Entrustment Agreement from 2018 and a Storage (Document Archive) Agreement with associated services from 2016. Fortum notified the Polish DPA of a personal data protection breach. According to them, the data of 137,314 customers had been copied. The breach of confidentiality concerned a newly created database containing information on Fortum's customers as follows: name and surname, residential or residence address, PESEL number, type, series and number of an identity document, e-mail address, telephone number, number and address of access point and contract data (e.g. date and number of contract, type of fuel, meter number). Fortum did not notify the data subjects of a data breach because, in its assessment, there was no high risk of a breach of the rights or freedoms of natural persons. Fortum presented the analysis results that finally established the number of persons to be notified of a personal data breach due to a high risk of infringement of rights or freedoms of natural persons. The explanations indicated that the data of 120,428 persons had been exposed, of which 95,711 persons should have been notified of the breach. The remaining numbers were business customers and deceased persons. Findings made in the course of the proceedings indicated that PIKA, as a processor to which Fortum had entrusted the processing of personal data of the persons affected by the breach, was also involved in the data breach. PIKA explained that, in case of changes to the systems, the individual departments of its IT division are required to record any

Details

Fine Date

19 January 2022

Authority

Urząd Ochrony Danych Osobowych

Fine Amount

€1,129,698

4,911,732 PLN

GDPRhub ID

gdprhub-4765

About this data

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

Cite as: Cookie Fines. Fortum Marketing and Sales Polska S.A. - Poland (2022). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: