Vamavi Phone SL – €24,000 Fine (Spain, 2021)

€24,000Agencia Española de Protección de Datos9 February 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.

Vamavi Phone SL was fined €24,000 for making a marketing call to someone on the Robinson List, which is a do-not-call list. This case is a reminder that companies must respect people's preferences about receiving marketing calls.

What happened

Vamavi Phone SL made a marketing call to a person listed on the Robinson List.

Who was affected

Individuals who have opted out of receiving marketing calls by being on the Robinson List.

What the authority found

The Spanish DPA found Vamavi Phone SL violated rules by calling someone who had opted out of marketing communications.

Why this matters

This ruling emphasizes the importance of respecting opt-out lists for marketing calls. Companies should ensure their marketing practices comply with both national and EU data protection laws.

GDPR Articles Cited

Art. 21 GDPR
Art. 28 GDPR

National Law Articles

Article 23 of the Law on the Protection of Personal Data and Guarantee of Digital Rights
Article 48(1)(b) of the Law on General Telecommunications
Full Legal Summary
Detailed

The complainant filed a complaint as they received a commercial call on behalf of "Vodafone España, SAU" despite being listed on the Robinson List (advertising exclusion list). The Spanish DPA (AEPD) therefore began an investigation to clarify the facts at stake. This revealed that Vamavi Phone SL was responsible for the data processing. Vamavi had made the commercial call to the Claimant on behalf of Vodafone España, SAU. Does a commercial call made by a processor to a claimant on the Robinson List entail a breach of Article 48(1) LGT, Article 21 GDPR in link with Article 23 LOPDGDD and Article 28 GDPR? The Spanish DPA (AEPD) held that the facts in question indicated a breach of Article 48(1)(b) of the Spanish Law on General Telecommunications (LGT) by Vamavi. This provision outlines that individuals have the right to oppose receiving unwanted calls for commercial communication purposes. The DPA went on to outline that this must be read in light of Article 21 GDPR (right to object) and Article 23 of the Spanish Law on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD). The DPA held that by acting on behalf of Vodafone, Vamavi acted as a data processor within the meaning of Article 28 GDPR. Vamavi was nonetheless the one found responsible for the data processing in question. As Vamavi made a voluntary, early and guilty payment, the fine paid was reduced to €24,000 (rather than the original fine of €40,000).

Related Enforcement Actions (0)

No other enforcement actions found for Vamavi Phone SL in ES

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

Details

Fine Date

9 February 2021

Authority

Agencia Española de Protección de Datos

Fine Amount

€24,000

GDPRhub ID

gdprhub-3143

About this data

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

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