Online Services

€10,000

Insufficient fulfilment of information obligations

Decision Date

December 15, 2020

Authority

Spanish Data Protection Authority (aepd)

ES

Sector

Industry and Commerce

Country

LV

Law

GDPR

Status

FINAL

Description

The Spanish DPA (AEPD) fined the operator of the online store banderacatalana.cat. EUR 10,000 for a violation of Art. 13 GDPR. The operator stated on its website privacy notices that a minimum age of 13 or sufficient legal capacity was required to subscribe to the newsletter. It was also stated that filling out the newsletter subscription form would be considered as consent to the processing of personal data. This constitutes a violation of the GDPR, as according to Art. 8 GDPR, the processing of personal data of under-16-year-olds requires the consent of the holder of parental responsibility over the child.

Legal Citations

Art. 13Art. 8 (1)Art. 6 (1)

Issues & Violations

Insufficient fulfilment of information obligations

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