Anonymous (X & Y) – Complaint Upheld (Finland, 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.
The Finnish Data Protection Authority found that two companies, X and Y, failed to sign a required data processing agreement while making robocalls. Although no fine was imposed, the companies were found to have breached GDPR rules. This case highlights the importance of formal agreements in data processing activities.
What happened
Companies X and Y conducted robocalls without a required data processing agreement in place.
Who was affected
Individuals who received unsolicited robocalls from Company Y on behalf of Company X.
What the authority found
The Finnish DPA found that the lack of a data processing agreement between X and Y breached GDPR requirements.
Why this matters
This case underscores the necessity for companies to formalize their data processing arrangements with partners. It highlights the importance of compliance with GDPR's contractual requirements, even if no financial penalties are imposed.
GDPR Articles Cited
Between 4 September 2018 and 3 June 2019, four complaints were lodged with the Finnish DPA concerning unsolicited direct marketing calls made by automated calling systems (commonly referred to as 'Robocalls'). Company Y was conducting these robocalls on behalf of Company X. Having regard to the facts of the case, Y was thus acting as a processor in the sense of Article 4(8) GDPR, while X was acting as a controller in the sense of Article 4(7) GDPR. The Finnish DPA had already discussed and ruled on the lawfulness of X and Y's data processing operations in two other cases (case n°2890/161/2021, and case n°2889/161/21 respectively). In the context of these proceedings, it had become apparent that X and Y had not signed a data processing agreement, as normally required by Article 28(3) GDPR. The Finnish DPA therefore decided to analyse this specific point separately. Taking into account all the information collected from both parties, the Finnish DPA came to the conclusion that there was no personal data processing agreement between X and Y at the time when Y processed personal data on behalf of X. The Finnish DPA therefore concluded that Article 28 (3) GDPR had been breached. Regarding the possibility to impose a fine on Y, the Sanction Chamber of the Finnish DPA, after considering all the relevant circumstances, concluded that imposing a pecuniary sanction would not be proportionate. The Sanction Chamber of the Finnish DPA considered those facts in particular: (1) the fact that the duty to enter into a data processing agreement mainly lies with the controller (X) rather than the processor (Y); (2) the fact that Y had a very low annual turnover (i.e. only 839.33 EUR for the year 2020) and; (3) the fact that Y had already ceased all processing operations on 1 March 2021 and had filed for bankruptcy on 18 June 2021.
Outcome
Complaint Upheld
A data subject complaint that was upheld by the DPA.
Related Enforcement Actions (0)
No other enforcement actions found for Anonymous (X & Y) in FI
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Anonymous (X & Y) - Finland (2021). Retrieved from cookiefines.eu
Last updated: