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

€24,000Agencia Española de Protección de Datos9 February 2021Spain
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Fine

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Vamavi Phone SL made commercial calls to a person who had asked not to receive such calls, violating their rights. This matters because it shows that companies must respect people's choices about receiving marketing communications. The Spanish DPA fined Vamavi €24,000 for this mistake.

What happened

Vamavi Phone SL called a person on behalf of Vodafone España despite the person being on the Robinson List, which excludes them from such calls.

Who was affected

Individuals listed on the Robinson List who do not wish to receive commercial calls.

What the authority found

The Spanish DPA found that Vamavi violated the right to object to unwanted commercial communications under Article 21 of GDPR.

Why this matters

This case highlights the importance of respecting consumer preferences in marketing. Companies should ensure they have proper consent mechanisms in place to avoid similar fines.

Recorded legal citations
Automatically processed
Art. 21 GDPR
Art. 28 GDPR
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Art. 21(GDPR)
Art. 28(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
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

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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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