ENERGYA VM GESTIÓN DE ENERGÍA, S.L.
Non-compliance with general data processing principles
Datum der Entscheidung
6. Februar 2024
Behörde
Spanish Data Protection Authority (aepd)
ES
Sektor
Transportation and Energy
Land
ES
Recht
GDPRStatus
FINALBeschreibung
The Spanish DPA (AEPD) has fined ENERGYA VM GESTIÓN DE ENERGÍA, S.L. EUR 5 million following an investigation into unlawful personal data processing by Nivalco, a company contracted by Energya VM to make sales calls to customers. During these calls, customers were misled into providing additional personal data to conclude a new energy supply contract. The AEPD determined that Energya VM acted as the 'data controller' for the processing of this personal data, as it provided Nivalco with a sales script, thereby influencing the data processing. However, Energya VM failed to comply with GDPR requirements, particularly by not conducting a risk assessment for Nivalco's data processing activities