Enel Energia S.p.A.
GDPR enforcement action by Italian Data Protection Authority (Garante) on 2026-03-12.
Case details
- Authority
- Italian Data Protection Authority (Garante)
- Date
- 2026-03-12
- Controller / Processor
- Enel Energia S.p.A.
- Sector
- Transportation and Energy
- Quoted Articles
- Art. 5 GDPR, Art. 6 GDPR, Art. 7 GDPR, Art. 24 GDPR, Art. 28 GDPR
- Type of violation
- Insufficient legal basis for data processing
Summary
The Italian DPA has imposed a fine of EUR 563,052 on Enel Energia S.p.A. The controller had been active in direct marketing activities and failed to implement a system that would allow them to ensure there was a sufficient legal basis for contacting data subjects. Specifically, the system worked in such a way that so-called management or welcome calls were used for advertising purposes, which were not covered by the legal basis. Additionally, the controller used an opt-out mechanism to recontact data subjects. This was not sufficient because the system failed to ensure that the contact data had been entered by the data subject. Lastly, the DPA found that the controller had failed to adequately supervise external data processors.