HDPA (Greece) - 5/2023: Difference between revisions

Latest revision as of 05:32, 26 April 2023

HDPA - 5/2023

Authority:	HDPA (Greece)
Jurisdiction:	Greece
Relevant Law:	Article 5(1)(a) GDPR Article 5(1)(b) GDPR Article 6(1)(a) GDPR Article 6(4) GDPR Article 13 GDPR
Type:	Complaint
Outcome:	Upheld
Started:
Decided:	02.02.2023
Published:	30.03.2023
Fine:	10.000 EUR
Parties:	Vodafone
National Case Number/Name:	5/2023
European Case Law Identifier:	n/a
Appeal:	Unknown
Original Language(s):	Greek
Original Source:	HDPA (in EL)
Initial Contributor:	Anastasia Vlachopoulou

The Greek DPA fines Vodafone €10,000 for transferring personal data from their customers to an advertising company without prior consent.

English Summary

Facts

After requesting the provision of mobile telephony service to Vodafone (the controller), the data subject received a package with product samples at home. The package was sent by one of the controller's partner advertising company. Dissatisfied, the data subject filed a complaint with the DPA, claiming that they had explicitly opposed the use of their personal data for advertising purposes.

In response, the controller argued that the package was not sent for advertising purposes, but rather as an additional service to the mobile telephony requested by the data subject. According to the controller, the purpose of this extra service would be to reward new customers, who receive gifts regardless of their preferences in terms of promotions. In addition, the controller alleged that its customers are informed about this extra service through banner on its website.

Holding

The DPA dismissed the controller's allegations and held that the transfer of personal data to the partner company had advertising purposes. It highlighted that consumers, when providing their personal data to contract a telephone service, do not expect that such data will be used for other purposes. In the case under analysis, such an expectation was explicitly expressed, as the data subject opposed the use of his data for advertising purposes. For this reason, the DPA found a violation of the principle of lawfulness, fairness and transparency established in Article 5(1)(a) GDPR.

Moreover, the DPA found a violation of Article 13 GDPR, since the controller did not correctly inform data subjects that the simple request for a telephone service would imply the contracting of additional services.

As part of the exercise of its powers, the DPA imposed a fine of €10,000 on the data controller and ordered it to adapt its practice accordingly.

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English Machine Translation of the Decision

The decision below is a machine translation of the Greek original. Please refer to the Greek original for more details.

Summary
The Authority examined a complaint from a subscriber who, after applying for a new Vodafone connection, received from an advertising company collaborating with Vodafone a parcel with samples of consumer products, despite his opposition to the use of his data for commercial promotion purposes. According to Vodafone, the sending of the parcel was not a promotional action, but an incidental provision of the telecommunications services contract already drawn up between the parties, which is sent to all, without exception, new subscribers who register through the website www.vodafonecu.gr, regardless of the their choices regarding promotional actions, while relevant information is provided via a banner posted on the website in question.

The Authority considered that the transmission to an advertising company and the related processing of the complainant's data was done for the purpose of promotion, in violation of the principle of legality, objectivity and transparency of the processing, because it was not necessary for the purpose of the contract nor was it reasonably expected for the subject, who had expressly objected to the use and transmission of his data for promotional purposes while it was not proven that the complainant had been fully informed in accordance with Article 13 GDPR about the processing in question. Vodafone was fined 10,000 euros and ordered to adapt its practice regarding the additional benefits in question in order to provide the subjects with full information and the possibility to object.

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-The Greek DPA fined Vodafone for data processing for promotional purposes
+The Greek DPA fines Vodafone €10,000 for transferring personal data from their customers to an advertising company without prior consent.
 == English Summary ==
 === Facts ===
-In this case, an individual, the data subject, following his request for a new Vodafone prepaid telephone connection, made a complaint because he received a parcel with commercial samples of consumer products from an advertising company cooperating with Vodafone, who is acting as the data controller, disregarding the already existing explicit objection of the data subject to the transmission and use of his personal data for promotional purposes, in a relevant affidavit of the data subject.
+After requesting the provision of mobile telephony service to Vodafone (the controller), the data subject received a package with product samples at home. The package was sent by one of the controller's partner advertising company. Dissatisfied, the data subject filed a complaint with the DPA, claiming that they had explicitly opposed the use of their personal data for advertising purposes.
-The data controller claimed that the sending of the parcel was not for advertising purposes but an additional service to the telecommunications service contract already concluded between the two parties, namely for the purpose of rewarding new subscribers who, without exception, receive the gifts in question, registered via the website www.vodafonecu.gr, irrespective of their choices regarding the promotions, and informed by means of a banner posted on that website.
+In response, the controller argued that the package was not sent for advertising purposes, but rather as an additional service to the mobile telephony requested by the data subject. According to the controller, the purpose of this extra service would be to reward new customers, who receive gifts regardless of their preferences in terms of promotions. In addition, the controller alleged that its customers are informed about this extra service through banner on its website.
 === Holding ===
-The DPA, examining the facts of the case as well as the claims of the two parties, decided that the transmission to an advertising company and the related processing of the data of the data subject had advertising purposes, in violation of the principle of legality, objectivity and transparency of the processing , because the processing in question did not serve a purpose compatible with the original purpose of its collection but was not necessary for the fulfillment of the purpose of the contract in such a way that the relevant processing falls within the legal basis of article 6 par. 1 b), and the additional services were reasonably not expected by the data subject who initially wished to receive services related to mobile telephony.
+The DPA dismissed the controller's allegations and held that the transfer of personal data to the partner company had advertising purposes. It highlighted that consumers, when providing their personal data to contract a telephone service, do not expect that such data will be used for other purposes. In the case under analysis, such an expectation was explicitly expressed, as the data subject opposed the use of his data for advertising purposes. For this reason, the DPA found a violation of the principle of lawfulness, fairness and transparency established in [[Article 5 GDPR#1a|Article 5(1)(a)]] GDPR.
-In addition, the DPA found that the controller carried out the above processing in disregard of the data subject's express objection to the use and transmission of his data for the promotional purposes in question and in violation of [[Article 13 GDPR|Article 13 GDPR]], as the data subject had not received prior to the appropriate information about the fact that the requesting a new connection through the website www.vodafonecu.gr implies the
+Moreover, the DPA found a violation of [[Article 13 GDPR]], since the controller did not correctly inform data subjects that the simple request for a telephone service would imply the contracting of additional services.
-transmission of his data to the above advertising company and use them for the purpose of advertising its own products and services.
-As part of the exercise of its powers, the DPA imposed a fine of 10,000 euros on Vodafone for the violations found and ordered it to adapt its practice accordingly with regard to the additional benefits that entail further processing of personal data in order to provide the subjects with full information and possibility of objection.
+As part of the exercise of its powers, the DPA imposed a fine of €10,000 on the data controller and ordered it to adapt its practice accordingly.
 == Comment ==