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Ireland: DPC welcomes outcome of prosecution proceedings for marketing offenses

On September 20, 2023, the Data Protection Commission (DPC) announced the outcome of the prosecution proceedings against Alpha Wealth Limited, a financial advisory company.

The DPC noted that Alpha Wealth pleaded guilty to two charges in violation of Regulation 13 of Statutory Instrument 336 of 2011 for the sending of unsolicited marketing email communications to two individuals without consent. The offenses occurred in January 2023. Alpha Wealth received a warning from the DPC in 2022 following the investigation of a previous complaint concerning unsolicited marketing emails sent to one of the individuals concerned.

Consequently, the Court applied the Probation of Offenders Act 1907 on condition that the defendant makes a donation of €500 to each of the two individuals concerned by October 18, 2023. Failing compliance with that Order, the Court indicated that it would convict the defendant and apply a fine of €1,000. The DPC highlighted that Alpha Wealth agreed to discharge the DPC's legal costs.

You can read the press release here.