The Czech Office for Personal Data Protection (the "Office") has issued highest fine to date of CZK 4,250,000 (approx. EUR 160,000) for spreading unsolicited commercial communications (spams/unsolicited emails) without the data subject´s consent. The breach was aggravated by fact that the addressees were not even customers of the fined company fined.

The fine was mainly determined based on the number of people to whom the company has sent the spam (repeatedly for the period of almost one year despite the on-going inspection and warnings of the Office) and the number of complaints of the recipients (approx. 700). The fine for such an offence could however have potentially amounted to CZK 10,000,000 (approx. EUR 371,000).

Submitted by Michaela Remešová of JSK Law – Prague, Czech Republic in partnership with DAC Beachcroft LLP