On September 11, 2023, the Data Protection Commission (DPC) announced the outcome of the prosecution proceedings against Chill Insurance Limited, Hidden Hearing Limited, the Multiple Sclerosis Society of Ireland, and Vodafone Ireland Limited.

The DPC noted that the Dublin Metropolitan District Court had identified the following violations in contravention of Regulation 13 of Statutory Instrument 336 of 2011:

• Chill Insurance pleaded guilty to two charges related to the sending to one individual of one unsolicited marketing SMS message without consent and without a valid opt-out;
• Hidden Hearing pleaded guilty to four charges related to the sending of unsolicited marketing SMS messages and telephone calls to four individuals without their consent;
• the Multiple Sclerosis Society of Ireland pleaded guilty to one charge related to the sending of an unsolicited marketing email to one individual without their consent; and
• Vodafone Ireland pleaded guilty to one charge related to the sending of an unsolicited marketing email to one individual without their consent.

In response to these violations, the Court applied the Probation of Offenders Act 1907 on the basis of a charitable donation of €500 each to Little Flower Penny Dinners from Chill Insurance, Hidden Hearing, and the Multiple Sclerosis Society of Ireland. Furthermore, the DPC highlighted that the Court convicted Vodafone Ireland on the one charge and it imposed a fine of €500 to be paid within three months. Additionally, the companies agreed to discharge the DPC's legal costs.

The DPC stressed that the judgment should serve as a reminder to all organizations that are engaged in any form of electronic marketing, such as by email, text message, or cold calling, that non-compliance with the regulations may result in a criminal prosecution by them.

You can read the press release here.