Spain
Vodafone España, S.A.U.
GDPR enforcement action by Spanish Data Protection Authority (aepd) on 2021-03-11.
Case details
- Authority
- Spanish Data Protection Authority (aepd)
- Date
- 2021-03-11
- Controller / Processor
- Vodafone España, S.A.U.
- Sector
- Media, Telecoms and Broadcasting
- Quoted Articles
- Art. 28 GDPR, Art. 24 GDPR, Art. 44 GDPR, Art. 21 LSSI, Art. 48 (1) b) LGT, Art. 21 GDPR, Art. 23 LOPDGDD
- Type of violation
- Insufficient fulfilment of data subjects rights
Summary
Since 2018, the Spanish DPA (AEPD) had received a total of 191 complaints against Vodafone España, S.A.U. The data subjects complained about advertising calls and messages (e-mail and SMS) made on behalf of Vodafone España as part of marketing campaigns. The contact was made without the prior consent of the data subjects and continued even after they had exercised their right to object. Furthermore, many data subjects were contacted even though their numbers were on the Robinson list.
The AEPD explains that aggravatingly, it took into account that Vodafone España had regularly received fines in more than 50 cases from January 2018 to February 2020, and the fact that there had been 162 complaints received by the AEPD in just under two years.
The fine is composed as follows: EUR 4 million for a breach of Art. 28 GDPR and Art. 24 GDPR; EUR 2 million for a breach of Art. 44 GDPR; EUR 150,000 for a breach of Art. 21 LSSI; and EUR 2 million for a breach of Art. 48 (1) b) LGT, Art. 21 GDPR and Art. 23 LOPDGDD.
Related fines