Mizuno Online Store – €5,000 Fine (Greece, 2022)
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 Greek Data Protection Authority reduced Mizuno Online Store's fine from €20,000 to €5,000 after the company showed it had procedures to handle data deletion and opt-out requests. This matters because it shows that companies can reduce penalties by demonstrating good faith efforts to comply with GDPR. The case emphasizes the importance of having robust data management processes.
What happened
Mizuno Online Store was fined for failing to comply with a customer's request to delete their data and stop sending marketing messages.
Who was affected
Customers who requested data deletion and opted out of marketing messages from Mizuno Online Store.
What the authority found
The DPA found that Mizuno Online Store violated GDPR by not properly handling requests to delete data and stop marketing communications, but reduced the fine due to mitigating factors.
Why this matters
This decision shows that demonstrating efforts to comply with GDPR can lead to reduced penalties. It underscores the importance for businesses to have effective systems for managing customer data requests.
GDPR Articles Cited
In a previous decision (hub: [https://gdprhub.eu/index.php?title=HDPA_(Greece)_-_13/2021 13/2021]), the Greek DPA imposed a fine of €20.000 on a company that sells sports clothing (the controller). The controller failed to comply with a data subject's erasure request (Article 17 GDPR) and kept on sending them unwanted marketing-SMS despite their opt-out (Article 21(1) GDPR). The DPA held that the controller also violated Article 25(2) GDPR. In the case at hand, the controller requested the decision to be annulled. The controller submitted new evidence about the steps that were taken to remove the data subject from its contact list. The controller argued that all necessary procedures were in order and that it has done everything that could be reasonably required to handle the data subject's requests. The controller explained that the conduct for which the company had been fined was due to an isolated error. The controller further stated that the DPA violated (1) the principle of proportionality and (2) the criteria for the imposition and assessment of fines for violations of the GDPR by imposing a €20.000 fine. After considering the new evidence provided by the controller, the DPA found the following two mitigating circumstances pursuant to Article 83(2)(a) GDPR. First of all, the DPA agreed that the violation seemed to be caused by the controller's negligence (an isolated error) and not malicious intent. Second, the controller appeared to have implemented and followed the appropriate procedures to ensure the correct handling of the right to object (Article 21 GDPR) and the right to erasure (Article 17 GDPR) of data subjects. Therefore the controller was not found in breach of Article 25(2) GDPR. The DPA partially revoked its previous decision n. 13/2021, but confirmed its judgement that Article 17, Article 21(1) and Article 12(3) GDPR were violated. Therefore the DPA reduced the fine from €20.000 to €5.000.
Related Enforcement Actions (0)
No other enforcement actions found for Mizuno Online Store in GR
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
25 July 2022
Authority
Hellenic Data Protection Authority
Fine Amount
€5,000
GDPRhub ID
gdprhub-5161About this data
Cite as: Cookie Fines. Mizuno Online Store - Greece (2022). Retrieved from cookiefines.eu
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