Wind Tre S.p.A.

€16,700,000

Insufficient legal basis for data processing

Decision Date

13 de julho de 2020

Authority

Italian Data Protection Authority (Garante)

IT

Sector

Media, Telecoms and Broadcasting

Country

IT

Law

GDPR

Status

FINAL

Description

Fines for several unlawful data processing activities relating to direct marketing. Hundreds of data subjects claimed to have received unsolicited communications sent without their prior consent by SMS, e-mail, telephone calls and automated calls. The data subjects were not able to exercise their right to withdraw their consent and object to processing for direct marketing purposes because the information contained in the Data Protection Policy was incomplete in relation to the contact details. Furthermore, the data protection authority stated that the data of the data subjects were published on public telephone lists despite their objection. In addition, several apps distributed by the company were set up in such a way that the user had to give his consent to various processing activities each time he accessed them, with the possibility of withdrawing consent given only after 24 hours.

Legal Citations

Art. 5Art. 6Art. 12Art. 24Art. 25

Issues & Violations

Insufficient legal basis for data processing

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