The Spanish data protection authority ('AEPD') published, on 25 November 2021, its decision in proceeding PS-00466-2021, fining Vodafone España, S.A.U. €50,000, for violation of Article 21(1) of the Law No. 34/2002, of 11 July 2002, on Information Society Services and Electronic Commerce ('LSSI'), following the sending of promotional communications by electronic means to the complainant without their authorisation.

Background to the decision

In particular, the AEPD stated that the complainant issued two claims with the AEPD in relation to the continuous receipt of promotional communications from Vodafone to the complainant's phone number. Furthermore, the AEPD noted that the sending of promotion communications had continued after the complainant exercised their right to cancellation of services and deletion of their data, which Vodafone did not adequately respond to.

Findings of the AEPD

Ultimately, the AEPD found that, in sending four commercial communications in the form of SMS messages in the interval of one year after the complainant had exercised their right to cancellation of services and deletion of data, Vodafone had violated Article 21(1) of the LSSI.

Outcomes

Finally, the AEPD imposed a sanction of €50,000 on Vodafone, having considered the following as aggravating factors to the violation:

• the intentional nature of the infringement, specifically due to the fact that Vodafone continued to send promotional materials to the complainant for a year after he/she had exercised their right to cancellation and deletion;
• the period of time during which the offence had been committed;
• the repetitive nature of the infringement; and
• the nature and amount of damage caused to the complainant, as he/she had to file two claims with the AEPD.

Notably, the AEPD stated that interested parties can appeal to this decision within one month from the day of notification of this decision.

You can read the decision, only available in Spanish, here.