AECORP 005, S.L. – €5,000 Fine (Spain, 2025)
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.
AECORP 005, a marketing company, made a direct marketing call without getting permission from the person they called. The Spanish data protection authority fined them for this violation, emphasizing that companies must respect people's privacy when making marketing calls. This case reminds businesses to always get consent before contacting potential customers.
What happened
AECORP 005 made a marketing call to a person without their consent, falsely claiming to represent another company.
Who was affected
The affected individual was a person who received an unsolicited marketing call from AECORP 005.
What the authority found
The authority found that AECORP 005 violated privacy rules by not obtaining consent for the marketing call.
Why this matters
This ruling reinforces the importance of obtaining consent for marketing communications. Small businesses should ensure they have clear permission before reaching out to potential customers.
GDPR Articles Cited
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National Law Articles
On January 24, 2024, a data subject received a direct marketing call from AECORP 005 S.L. (a marketing company, the controller) falsely claiming to represent NATURGY (an energy company), and requesting a change in the data subject's electricity billing. During the call, they received an SMS with a link containing their phone number. NATURGY denied involvement, and the data subject refused the transaction. The controller acknowledged it conducted a marketing campaign through third party data providers, and the DPA confirmed the controller made the call without consent. The DPA found a violation of [https://www.boe.es/buscar/act.php?id=BOE-A-2022-10757#a6-8 Article 66(1)(b) of the national communications law (LGTEL)], as the controller carried out direct marketing calls without the consent of the data subject. The DPA stressed that users have the right to privacy in electronic communications and that companies must respect individuals’ control over their personal data. The purpose of [https://www.boe.es/buscar/act.php?id=BOE-A-2022-10757#a6-8 Article 66 LGTEL] is to protect users from intrusive commercial practices that disregard their privacy and control over commercial communications, ensuring that companies respect data subjects' rights. The DPA highlighted that a valid legal basis in accordance with Article 6(1) GDPR is essential for direct marketing calls to comply with [https://www.boe.es/buscar/act.php?id=BOE-A-2022-10757#a6-8 Article 66(1)(b) LGTEL]. In this case, the fact that a data subject had registered on the controller's website and accepted the privacy policy does not mean they provided the data or consented to the direct marketing calls. The DPA referred to EDPB GuidelinesEDPB, Guidelines 05/2020 on consent under Regulation 2016/679 (version 1.1), 4 May 2020. https://www.edpb.europa.eu/sites/default/files/files/file1/edpb_guidelines_202005_consent_en.pdf. See margins 105-108. and stated that controllers must demonstrate valid consent before proce
Related Enforcement Actions (0)
No other enforcement actions found for AECORP 005, S.L. in ES
This is the only recorded action for this entity in this jurisdiction.
Details
Fine Date
28 August 2025
Authority
Agencia Española de Protección de Datos
Fine Amount
€5,000
GDPRhub ID
gdprhub-9561About this data
Cite as: Cookie Fines. AECORP 005, S.L. - Spain (2025). Retrieved from cookiefines.eu
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