Enel Energia S.p.A – Fine (Italy, 2021)

Fine
Garante per la protezione dei dati personali16 December 2021Italy
overturned
Fine

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.

Italy's data protection authority found Enel Energia S.p.A guilty of illegally using people's personal data for telemarketing without their consent. The company made unsolicited calls and failed to respect requests to stop, which led to a massive investigation. Although the initial fine was overturned, this case highlights the importance of respecting people's privacy rights.

What happened

Enel Energia S.p.A used personal data for telemarketing without proper consent, making unsolicited calls to individuals.

Who was affected

Individuals who received unwanted promotional calls from Enel Energia S.p.A.

What the authority found

The Italian authority determined that Enel Energia S.p.A violated privacy rules by processing personal data without a valid legal basis, ignoring requests to stop.

Why this matters

This case underscores the need for companies to honor privacy requests and obtain clear consent before using personal data for marketing. It serves as a warning to businesses about the consequences of neglecting data protection laws.

GDPR Articles Cited

Art. 12 GDPR
Art. 13 GDPR
Art. 21 GDPR
Art. 24 GDPR
Art. 30 GDPR
Art. 31 GDPR
Art. 5(1)(a) GDPR
Art. 5(2) GDPR
Art. 6(1) GDPR
Art. 25(1) GDPR
Art. 130(1) GDPR
Full Legal Summary
Detailed

Originial fine summary: The Italian DPA has fined Enel Energia S.p.A EUR 26.5 million for numerous breaches of the GDPR. Following a complex preliminary investigation launched after hundreds of reports and complaints from users, the DPA finds that the controller illegally processed the personal data of millions of users for telemarketing purposes. The DPA found, among other things, that data subjects received unsolicited promotional calls in the name of and on behalf of Enel Energia, in some cases even recorded calls. Some of the data subjects still received advertising calls, even though they had already requested Enel Energia to delete their personal data several times or had objected to their processing for advertising purposes. In particular, the DPA found that Enel Energia had not provided data subjects with the required and timely feedback on their requests to exercise their rights of access and opposition. In addition, the DPA found that the company had not sufficiently cooperated with the DPA during the investigation. For example, Enel Energia failed to respond to various inquiries from the DPA. In assessing the fine, the DPA considered the following factors aggravating: the seriousness of the violations, the duration and repetition of the violations, as well as the large number of persons affected and the negligence of the conduct. Update: The Court of Rome overturned the fine of EUR 26.5 million.

Related Enforcement Actions (0)

No other enforcement actions found for Enel Energia S.p.A in IT

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

Details

Fine Date

16 December 2021

Authority

Garante per la protezione dei dati personali

Enforcement Tracker ID

ETid-1005

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Enel Energia S.p.A - Italy (2021). Retrieved from cookiefines.eu

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