Jigler Payroll B.V. – Dismissed (Netherlands, 2023)
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 Dutch privacy authority dismissed a complaint against Jigler Payroll B.V. for alleged GDPR violations related to email marketing. The authority found no evidence of wrongdoing, although they noted a lack of proper agreements for data processing in the USA. This case shows that not all complaints lead to enforcement actions.
What happened
Jigler Payroll B.V. was accused of GDPR violations for sending marketing emails without proper agreements for data processing in the USA.
Who was affected
An individual who received unsolicited marketing emails from Jigler Payroll B.V. was affected.
What the authority found
The Dutch authority found no proven GDPR violations and decided not to take enforcement action.
Why this matters
This case illustrates that not all privacy complaints result in penalties, but it underscores the importance of having proper data processing agreements, especially when data is handled internationally. Companies should ensure compliance with data transfer rules to avoid potential issues.
GDPR Articles Cited
The data subject received direct marketing from an unknown company. After sending an access request this turned out a renamed payrolling company that was in possession of the email address for compliance with a legal obligation to which the controller is subject. Further investigation showed the email address had been processed in the USA by ActiveCampaign Ltd., but no signed agreement or SCCs were available. 6 months later agreements were made available which showed them to be signed only after the data subject started to ask for them. The primary decision of the AP was that none of the alleged infringements were proven, the complaint did not meet the conditions for further investigation and no enforcement action would be taken. On appeal the AP adjusted the motivation to confirm that GDPR article 6 was infringed, but upheld the original decision not to take enforcement action.
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for Jigler Payroll B.V. in NL
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Jigler Payroll B.V. - Netherlands (2023). Retrieved from cookiefines.eu
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