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Foodinho Srl – €5,000,000 Fine (Italy, 2024)

€5,000,000Garante per la protezione dei dati personali13 November 2024Italy
appealed
Fine

Privacy enforcement record

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Foodinho Srl was fined for improperly processing data of around 35,000 drivers. The authority found that the company collected location data without consent and shared it with third parties. This ruling highlights the need for companies to protect user data and obtain proper consent.

What happened

Foodinho Srl unlawfully processed drivers' location data without their knowledge or consent.

Who was affected

Approximately 35,000 drivers using the Foodinho app.

What the authority found

The authority determined that Foodinho Srl violated multiple GDPR articles by failing to secure consent and implement necessary data protection measures.

Why this matters

This case emphasizes the responsibility of companies to handle personal data carefully. It sets a precedent for stricter enforcement of data protection laws in the tech industry.

Recorded legal citations
Automatically processed
Art. 2-septies Codice della privacy GDPR
Art. 6 GDPR
Art. 12 GDPR
Art. 13 GDPR
Art. 25 GDPR
Art. 28 GDPR
Art. 32 GDPR
Art. 35 GDPR
Art. 5(1)(a) GDPR
Art. 88 GDPR
Art. 9(2)(b) GDPR
Art. 114 Codice della privacy GDPR
Art. 22(3) GDPR
Art. 47-quinquies Decreto legislativo 81/2015 GDPR
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Art. 5(1)(a) GDPR
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e) GDPR
Art. 6 GDPR
Art. 9(2)(b) GDPR
Art. 12 GDPR
Art. 13 GDPR
Art. 22(3) GDPR
Art. 25 GDPR
Art. 28 GDPR
Art. 32 GDPR
Art. 35 GDPR
Art. 88 GDPR
Art. 2-septies Codice della privacy
Art. 114 Codice della privacy
Art. 47-quinquies Decreto legislativo 81/2015

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Full Legal Summary
Detailed

The Italian DPA has fined the food delivery service Foodinho Srl EUR 5 million for unlawfully processing the data of approximately 35,000 drivers and for several violations of the GDPR. The DPA's investigation revealed that the company collected drivers' location data without their knowledge or consent—not only during working hours but also when the app was running in the background or inactive. Additionally, the DPA found that the company shared driver data with third parties without a valid legal basis. The investigation also uncovered that automated data processing was used for functions such as the evaluation system and task allocation during shifts, but the company had failed to implement necessary GDPR measures, such as allowing human intervention or enabling drivers to contest decisions made through the automated systems. Furthermore, biometric data, including facial recognition, was used without a valid legal basis. The investigation also revealed that drivers whose accounts were blocked received only standardized messages, with no information provided about their rights to appeal.

Related Enforcement Actions (0)

No other enforcement actions found for Foodinho Srl in IT

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

Details

Fine Date

13 November 2024

Authority

Garante per la protezione dei dati personali

Fine Amount

€5,000,000

Enforcement Tracker ID

ETid-2531

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. Foodinho Srl - Italy (2024). Retrieved from cookiefines.eu

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