Vodafone España, S.A.U.
Insufficient legal basis for data processing
Decision Date
March 16, 2021
Authority
Spanish Data Protection Authority (aepd)
ES
Sector
Media, Telecoms and Broadcasting
Country
ES
Law
GDPRStatus
FINALDescription
The Spanish DPA (AEPD) imposed a fine of EUR 60,000 on Vodafone Spain. The data subject had been a customer of the controller several years ago. After receiving payment reminders from the controller via SMS for services she had never booked, she informed the controller and asked for clarification and deletion of her data. Despite a positive response, she continued to receive the same SMS. The data subject then filed two complaints with the Spanish DPA against Vodafone Spain. Both times, the controller had assured that it had corrected the reason for the incorrect sending and deleted the data of the data subject. Nevertheless, the mailing continued, leading the data subject to file a third complaint. The original fine of EUR 100,000 was reduced to EUR 60,000 due to immediate payment and admission of guilt.