- Enforcing jurisdiction
- Finland · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Anonymous (X & Y) – Complaint Upheld (Finland, 2021)
Privacy enforcement record
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The Finnish DPA upheld complaints against two companies for making unsolicited robocalls without a proper data processing agreement. This is important because it shows that companies must have contracts in place when sharing data processing tasks. It highlights the need for clear agreements to protect users' rights.
What happened
Company Y made robocalls on behalf of Company X without a signed data processing agreement.
Who was affected
Individuals who received unsolicited robocalls were affected.
What the authority found
The Finnish DPA concluded that there was no data processing agreement between the two companies, violating GDPR rules.
Why this matters
This ruling stresses the importance of having formal agreements for data processing. Companies should ensure they have the necessary contracts to protect themselves and their users.
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Automated check recorded — 23 March 2026.
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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
Decision Date
24 June 2021
Authority
DPA Tietosuojavaltuutetu
About this data
Cite as: Cookie Fines. Anonymous (X & Y) - Finland (2021). Retrieved from cookiefines.eu
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