- Enforcing jurisdiction
- Spain · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
NANDIVALE, S.L. – €10,000 Fine (Spain, 2023)
Privacy enforcement record
This record is classified outside cookie consent. Subject classification does not confirm an applicable law. It is not included in cookie statistics or the Risk Calculator.
NANDIVALE, S.L. was fined €10,000 for posting images of children from a birthday party on Instagram without parental consent. The mother of one child complained after her request to remove the image was ignored. This case stresses the importance of obtaining consent when sharing images of minors.
What happened
A fine was imposed on NANDIVALE, S.L. for posting images of children from a birthday party without proper consent.
Who was affected
A 4-year-old child whose image was shared on social media without parental consent.
What the authority found
The Spanish data authority found that NANDIVALE did not have a legal basis for processing the child's image, as they failed to obtain consent.
Why this matters
This ruling highlights the critical need for businesses to secure consent before sharing images of minors. It serves as a warning to companies about the legal implications of not following privacy laws.
View original scraped data
Original imported citations before automated processing; the processing history does not establish independent verification.
Entities Involved
Source checks
Linked-source text retrieved.
Automated check recorded — 14 March 2026.
Processing notes: articles corrected, national law identified.
Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources
The data subject was a 4 year old minor, who attended a birthday party at one of the establishments of the controller, Nandivale. The controller posted images showing the faces of children present at the party in the stories of its Instagram profile. After seeing the stories, the mother of the data sent an Instagram message to the controller, asking it to delete the image. However, the controller did not comply with the request and she filed a complaint with the Spanish DPA, claiming that she never gave her consent for the publication of her child's image. The DPA stressed that the physical image of a person must be considered as personal data under Article 4(1) GDPR, and thus, it requires a legal ground to be processed. The DPA also emphasized that, in addition to consent, there are other possible bases that legitimize the processing of data without the need for the authorization of the data subject. For instance, when it is necessary for the performance of a contract or for the satisfaction of legitimate interests pursued by the data controller or by a third party. In the present case, the DPA noted that the controller did not inform data subjects about the processing of personal data that it carried out, neither before nor after it took place. In other words, there was no information about the recording of images in parties organized at the controller's venur and their publication on its social media profile. The controller also did not inform if it relied on consent of the parents, in the case of minors under 14 years of age, or the consent of minors, over 14 years of age, differentiating this circumstance. Therefore,the DPA concluded that there was no accredited basis for the processing of minors' personal data and issued a fine of €10,000 for the violation of Article 6(1) GDPR.
Related Enforcement Actions (0)
No other enforcement actions found for NANDIVALE, S.L. in ES
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
14 July 2023
Authority
Agencia Española de Protección de Datos
Fine Amount
€10,000
About this data
Cite as: Cookie Fines. NANDIVALE, S.L. - Spain (2023). Retrieved from cookiefines.eu
Last updated: