Global Information Technology & Communications
Spain- Data Processor Fined For Breaching Consent Rule
The Spanish National Court (ruling dated 28 February 2014) upheld a €6,000 sanction imposed on a data processor due to infringement of the consent rule while engaging in marketing on behalf of a supply company, without duly obtaining the consent of the concerned customers. A number of customers filed a complaint before the Spanish DPA as they claimed that they have not given their prior consent to a change of the electric utility supply company. The supply company had earlier engaged the data processor, which was then contractually obliged to keep records of customers' consent to the electric utility contracts. However, during the administrative proceeding, the data processor was unable to provide any evidence of the customers' consent due to an alleged failure of their voice recording system. The data processor and the supply company as data controller of customer data, were both found responsible for the breach of the consent rule.
For more information, please contact Jordi Masdevall.