BfDI (Germany) - 11.02.2021

BfDI - mivolta GmbH
Authority:	BfDI (Germany)
Jurisdiction:	Germany
Relevant Law:	Article 6 GDPR Article 21 GDPR Article 16 Regulation on Privacy and Electronic Communications § 102 (2) TKG § 20 UWG § 7 UWG § 149 (1) Nr. 17 (e) TKG
Type:	Complaint
Outcome:	Upheld
Started:
Decided:
Published:	11.02.2021
Fine:	250000 EUR
Parties:	n/a
National Case Number/Name:	mivolta GmbH
European Case Law Identifier:	n/a
Appeal:	Unknown
Original Language(s):	German
Original Source:	bundesnetzagentur.de (in DE)
Initial Contributor:	n/a

The German Federal Network Agency (Bundesnetzagentur) fined the energy provider mivolta GmbH €250,000 for violating Article 6 GDPR by telephone advertising without permission.

English Summary

Facts

The company mivolta GmbH used partners to call hundreds of consumers to make telephone advertising for supply agreements (electricity and gas) of his own product. Thereby the telephoners also acted without and against the consumers wishes. Partially the telephoners used a hidden telephone number. In some cases the telephoners told the consumers that they are from the consumers electricity provider to get necessary data to be able to initiate a change of the provider. So the consumers had to make revocations of contracts they never concluded.

Holding

The President of the Bundesnetzagentur Jochen Homann held that it is not acceptable that consumers are concerned that way by impermissible telephone advertising and supposed conclusions of a contract.

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English Machine Translation of the Decision

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