Xfera Moviles S.A.
Insufficient legal basis for data processing
Fecha de la decisión
9 de diciembre de 2020
Autoridad
Spanish Data Protection Authority (aepd)
ES
Sector
Media, Telecoms and Broadcasting
País
ES
Ley
GDPREstado
FINALDescripción
The Spanish DPA (AEPD) imposed a fine on Xfera Móviles, S.A. due to insufficient legal basis for data processing. The data subject states that two telephone and internet connections were registered in his/her name with a charge account. However, the data subject had never signed contracts with the company for any of these connections. In fact, the contracts in question were concluded by fraudsters using the personal data of the data subject. Nevertheless, the personal data were entered into the company's information systems without verifying whether the contracts had been lawfully and actually concluded by the data subject, whether he/she had given his/her consent to the collection and subsequent processing of his/her personal data or whether there was any other reason justifying the processing.