Tag: Administrative fines

ICO fined several companies for data protection infringements

15. June 2021

The UK Information Commissioner’s Office (“ICO”) has fined several companies at the beginning of June for data protection infringements.

All fines have in common that the fined companies conducted marketing measures without having the required consent for doing so.

  • Conservative Party

The ICO has fined the Conservative Party £10,000 for sending 51 marketing emails without having the required legal basis and in violation of Regulation 22 of the Privacy and Electronic Communications Regulation 2003 (PECR).

The Conservative Party sent out a total of 1.190.280 marketing emails between July 24th and July 31st 2019, right after the election and in the name of Rt Hon Boris Johnson MP.

The ICO investigated that the party failed to ensure having a valid legal basis for marketing emails when changing the email provider. Even though the ICO assumes that there are more than 51 concerned data subjects, the ICO only received complaints of 51 individuals, thus the fine is based on this amount of concerned data subjects.

  • Colour Car Sales Ltd.

The ICO has fined Colour Car Sales Ltd (CCSL)  £170,000  for sending spam text messages from October 2018 to January 2020. CCSL is a credit intermediary for used car finance and the purpose of the spam texts was to direct the recipients to car finance websites.

Also in this case basis for the fine has been complaints of concerned data subjects which complained about not have given consent for receiving marketing emails from CCSL.

  • Solarwave of Grays

The ICO has fined Solarwave of Grays £100,000 for conducting 73.217 marketing calls about solar panel maintenance from January to October 2020.

The complainants that raised the concerns stated that they were registered with the Telephone Preference Service and should have received any marketing telephone calls based on this.

The Telephone Preference Service is the UK’s “do not call register” with which individuals can register to show that they are not interested in receiving any kind of marketing phone calls.

Beside the violation of the data protection law and the Telephone Preferences Service the concerned data subjects also stated that the callers were rude and persistent and ignored stop requests.

  • LTH Holdings

The ICO has fined LTH Holding, a Cardiff based telephone marketing company, £145,000 for conducting 1.4 million calls trying to sell funeral plans between May 2019 and May 2020.

In this case the ICO received 41 complaints and the complainants were also registered with the Telephone Preferences Service. Beside this infringement, the concerned data subjects also told the ICO that LTH adopted aggressive, coercive and persuasive methods to sell funeral plans.

  • Papa John’s

The ICO has fined Papa John’s Limited, a national takeaway pizza company, £10,000 for sending 168,022 nuisance marketing messages to its customers.

In this case the ICO received 15 complaints also stating the distress and annoyance the messages were causing. Some customers received up to 100 messages in two months without ever have given consent for marketing emails.

The ICO investigated that Papa John’s has sent over 210.000 messages to customers between October 1st 2019 and April 30th 2020.

In the contrary to the opinion of Papa John’s the ICO did not see the possibility to rely on “soft opt-in” because the data used for the marketing emails has been obtained for processing orders and not receiving marketing emails. Furthermore, the required information of the customers on this processing activity is missing.

Norwegian DPA intends to fine Grindr

26. January 2021

The Norwegian Data Protection Authority “Datatilsynet” (in the following “DPA”) announced recently that it intends to fine the online dating provider “Grindr LLC” (in the following “Grindr”) for violations of the GDPR an administrative fine of € 9.6 Mio. (NOK 100 Mio.).

Grindr is a popular and widely used Dating App for gay, bi, trans and queer people and uses a location-based technology to connect the users. Thus, Grindr processes beside personal data also sensitive data like the sexual orientation of the users. The latter are subject to a high level of protection due to the requirements of the GDPR.

The DPA came to the conclusion that Grindr transferred personal data of its users to third parties for marketing purposes without having a legal basis for doing so. In particular, Grindr neither informed the data subjects in accordance with the GDPR nor have obtained consent from the concerned data subject. Datatilsynet considers this case as serious, because the users were not able to exercise real and effective control over the sharing of their data.

Datatilsynet has set a deadline of February 15th, 2021 for Grindr to submit its comments on the case and will afterwards make its final decision.

German online shop receives fine of 10.4 mio. Euro for unlawful video surveillance

13. January 2021

The State Commissioner for Data Protection of Niedersachsen (“LfD Niedersachsen) has imposed a fine of 10.4 mio. Euro on notebooksbilliger.de AG, a German online shop for notebooks.

According to the press release of the LfD Niedersachsen, dated 08.01.2021, notebooksbilliger.de had been video-monitoring its employees for at least two years, including  workplaces, sales rooms, warehouses and common areas, without a legal basis. Customers were also affected by the video surveillance, as some cameras were directed at seats in the sales area of the stationary stores.

Notebooksbilliger.de claimed that the cameras were intended to prevent and solve crimes and offences as well as track the flow of goods in the warehouses. In the opinion of the LfD Niedersachsen, a company must consider milder measures to prevent thefts such as random bag checks of the employees when leaving the premises. Moreover, video surveillance is only considered lawful, if there is reasonable suspicion against specific persons and only for a limited period of time. This was not the case at notebooksbilliger as the authority investigated. Additionally, the recordings of the video surveillance were stored for 60 days in many cases, which was significantly longer than necessary.

In the meantime, notebooksbilliger.de had set up the video surveillance lawfully and had proven that to the LfD Niedersachsen.

The fine is not yet legally binding. The company has appealed the fine and published a statement in this regard on its homepage. Notebooksbilliger.de considers the amount of the fine to be disproportionate to the financial strength of the company and defends itself against the statement that it systematically monitored the performance and behavior of its employees. According to the statement, the video system was at no time designed to monitor the behavior of employees or their performance. Futhermore, despite several invitations by notebooksbilliger.de, no one of the authority had spoken to employees in the company’s warehouses or dispatch centers.

Dutch DPA published update on policy on administrative fines

9. April 2019

The Dutch Data Protection Authority, Autoriteit Persoonsgegevens (Dutch DPA), announced an update on its policy regarding administrative fines.

In addition to the Dutch GDPR implementation law the published policy provides insides on how the Dutch DPA will use its fining powers. According to the policy the DPA differentiats three or four categories of infringements. Each infringement is fined with a basic fine and a specific penalty bandwidth.

The DPA calculates the fine in two steps. First the basic fine is applied, second the basic fine is increased or decreased according to the classification to the different categories. Various aspects are included in the calculation of the fine, such as:

  • the nature, the seriousness and duration of the violation,
  • the number of data subjects affected,
  • the extent of the damage and of the data compromised,
  • the intentional or negligent nature of the violation,
  • the measures adopted to mitigate the damages,
  • the measures that were implemented to ensure compliance with the GDPR, including information security measures,
  • prior violations,
  • the level of cooperation with the DPA,
  • the types of data involved,
  • how the DPA became aware of the violation, including whether (and if so, to what extent) the data controller or processor reported the violation,
  • adherence to approved codes of conduct an certification mechanisms,
  • any other applicable aggravating or mitigating factors.

The maximum amount in general is €1.000.000,00, but the fine can be higher in case the Dutch DPA decides that the calculated maximum amount is inappropriate in the particular case.