Dalnave - data subject – €10,000 Fine (Greece, 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.
Dalnave was fined €10,000 for sending unsolicited emails promoting services without prior consent. This case is important because it reinforces the rule that companies must get permission before contacting people for marketing purposes.
What happened
Dalnave sent unsolicited promotional emails to a legal person without obtaining prior consent.
Who was affected
A legal entity that received unsolicited emails promoting digital advertising services from Dalnave.
What the authority found
The Hellenic DPA ruled that Dalnave violated electronic communication rules by not obtaining consent before sending promotional emails.
Why this matters
This case highlights the importance of obtaining consent for marketing communications, even when targeting businesses. Companies should review their practices to ensure compliance with consent requirements.
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Entities Involved
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On 1 March 2021 the data subject filed a complaint with the DPA, for the fact that they had received unsolicited communication via email, and in particular the commercial promotion of digital advertising services, without having any prior relation with the controller. The data subject further stated that in response to their question regarding how their data became available to the controller, they received the generic answer that these had been collected through market research. After the DPA had made numerous attempts to contact the controller without response, they issued decision no. 23/2023, where: * According to Article 58 (2)(b) GDPR they reprimanded the controller. * According to Article 58(1)(a) GDPR they instructed the controller to immediately reply to the filed complaint. * Informed the controller that in case of non-compliance, they will impose an administrative fine according to Article 83 GDPR. The DPA held that: According to [https://search.et.gr/el/fek/?fekId=334206 Article 11 (1) Act 3471/2006] (Protection of personal data & privacy in electronic communications) the making of unsolicited communications by any means of electronic communication, [...] for any kind of advertising purposes, shall be permitted only if the subscriber has given his or her express prior consent. As the e-mail account to which the unsolicited promotion e-mail was sent, did not correspond to a natural person but to a legal person the GDPR is not applicable. However [https://search.et.gr/el/fek/?fekId=334206 Article 11 (7) Act 3471/2006] (Protection of personal data & privacy in electronic communications) also applies to legal persons. For the above reasons and because the controller did not implement the aforementioned decision no. 23/2023, the DPA imposed on the controller a total fine of €10,000 for the violation of [https://search.et.gr/el/fek/?fekId=334206 Article 11 (1) Act 3471/2006] (Protection of personal data & privacy in electronic communications).
Related Enforcement Actions (0)
No other enforcement actions found for Dalnave - data subject in GR
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
13 November 2023
Authority
Hellenic Data Protection Authority
Fine Amount
€10,000
GDPRhub ID
gdprhub-8719About this data
Cite as: Cookie Fines. Dalnave - data subject - Greece (2023). Retrieved from cookiefines.eu
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