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[...] – Complaint Upheld (Germany, 2021)

Complaint Upheld
DPA BayLDA15 March 2021Germany
final
Complaint Upheld

Privacy enforcement record

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A German company used Mailchimp to send newsletters but transferred email addresses without proper consent. The Bavarian DPA found this practice unlawful due to risks of US surveillance. While no fine was imposed, the ruling highlights the importance of assessing data transfer risks.

What happened

The company transferred email addresses of its newsletter subscribers to Mailchimp without proper consent.

Who was affected

Newsletter subscribers whose email addresses were sent to Mailchimp.

What the authority found

The Bavarian DPA ruled that the company violated data protection rules by not ensuring adequate protection against US surveillance.

Why this matters

This case emphasizes that companies must evaluate the safety of data transfers to foreign service providers. Businesses using tools like Mailchimp should ensure they have proper consent and safeguards in place.

Recorded legal citations
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Art. 77(GDPR)

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Full Legal Summary
Detailed

The complainant lodged a complaint with the Bavarian DPA (BayLDA) regarding the use of the newsletter tool Mailchimp by the respondent, a German company. He argued that the transfer of email addresses of subscribers of the respondent's newsletter to the provider of Mailchimp (The Rocket Science Group LLC, an US based company) was unlawful under Article 44 et seqq. GPPR. The respondent argues that the use of MailChimp was only occasional and it stopped using it. The BayLDA held that the use of Mailchimp by the respondent and thus the transfer of the email addresses to the provider of Mailchimp was unlawful: *The data transfer was based on EU standard data protection clauses (Standard Contractual Clauses - SCCs). *According to the BayLDA, there were indications that the provider of Mailchimp qualifies as "electronic communication service provider" under US surveilliance law (FISA702 (50 U.S.C. § 1881)). Therefore, the transferred email addresses could be in danger of being accessed by US intelligence services. *In the light of the CJREU decision "Schrems II" (C-311/18) the respondent had failed to assess if there were additional measures in place to ensure that the transferred data was protected from US surveillance. As the respondent declared to refrain from using Mailchimp with immediate effect, the BayLDA did not impose a fine.

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for [...] in DE

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

15 March 2021

Authority

DPA BayLDA

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. [...] - Germany (2021). Retrieved from cookiefines.eu

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