Alterna Operador Integral SL – €50,000 Fine (Spain, 2021)

€50,000Agencia Española de Protección de Datos14 January 2021Spain
final
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.

Spain's data protection authority fined Alterna Operador Integral SL (Flip Energy) EUR 50,000 for switching a customer's energy provider without consent. The company failed to prove the customer agreed to the switch or had a contract. This case emphasizes the need for businesses to obtain clear consent before processing personal data or making changes on behalf of customers.

What happened

Flip Energy switched a customer's energy provider without obtaining consent or a contractual agreement.

Who was affected

A customer whose energy provider was changed without their consent or knowledge.

What the authority found

The authority found Flip Energy processed the customer's data without a legal basis, violating GDPR's consent requirements.

Why this matters

This ruling stresses the importance of obtaining explicit consent and having a clear legal basis before processing personal data, serving as a warning to companies about the risks of unauthorized data handling.

GDPR Articles Cited

Art. 6(1) GDPR
Art. 6(1)(b) GDPR
Full Legal Summary
Detailed

The complainant filed an action against Alterna Operador Integral SL (Flip Energy). The complainant complained that her energy provider was switched from Naturgy to Flip Energy without her consent. Invoices proved that this change had occured. As such, the complainant's personal data were transferred to Flip Energy without having proof of consent from the concerned data subject, the complainant, or that there were other legitimate purposes for processing that personal data. Flip Energy claims that the subcontracted company (Sycgestion Global Energy, S.L.) was responsible for contacting and promoting Flip Energy services to the data subject. Is it contrary to Article 6(1) of the GDPR for a customer to have their energy provider switch from one company to another without contracting with them or having gathered their consent prior to the switch? The Spanish DPA (AEPD) held that Alterna Operador Integral SL (Flip Energy) infringed Article 6(1) of the GDPR as it processed the complainant's data without a legal basis. The data subject's personal data were incorporated into Flip Energy's information system without proving that it was necessary for a contract, that the data subject had consented to it, or that there was another legal basis making the processing lawful. The DPA noted that the complainant had taken no action or caution with the subcontracted company (Sycgestion Global Energy, S.L.) responsible for contacting and promoting Flip Energy services to the data subject. However, the DPA held that inactivity by Alterna Operador Integral SL (Flip Energy) lead to failure to take action or precautions. The DPA also held that the defendant failed to prove that the complainant had contracted for the supply of energy from Flip Energy (and as such contracted for the switch). The defendant did not provide any documents obtained from the complainant indicating a contractual relationship which effectively identified the complainant. Therefore, the Spanish DPA impo

Related Enforcement Actions (0)

No other enforcement actions found for Alterna Operador Integral SL in ES

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

Details

Fine Date

14 January 2021

Authority

Agencia Española de Protección de Datos

Fine Amount

€50,000

GDPRhub ID

gdprhub-3091

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Alterna Operador Integral SL - Spain (2021). Retrieved from cookiefines.eu

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