APD/GBA (Belgium) - 19/2021
| APD/GBA - 19/2021 | |
|---|---|
 | |
| Authority: | APD/GBA (Belgium) |
| Jurisdiction: | Belgium |
| Relevant Law: | Article 12 GDPR Article 13 GDPR Article 14 GDPR Article 21(2) GDPR Article 32 GDPR |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | |
| Decided: | 12.02.2021 |
| Published: | 12.02.2021 |
| Fine: | None |
| Parties: | Telenet |
| National Case Number/Name: | 19/2021 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | Dutch |
| Original Source: | Beslissing ten gronde 19/2021 van 12 februari 2021 (in NL) |
| Initial Contributor: | Enzo |
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English Summary
Facts
The complainant states that finding how to exerce its right to opt-out of receiving direct marketing on the website of the telecom provider (Telent) is very difficult. Sending a request for further information also led to no solution.
The DPA's inspection states the following:
1. The use of a large number of documents, which makes the provision of information complex, unclear and difficult to understand;
2. The presence of erroneous information; 3. The use of techniques that may have an impact on the choices of the data subject including the granting of free consent and whether or not to become acquainted with the information or the exercise of rights; 4. The construction of the information in the form of a maze in which the data subject cannot easily access the information; 5. The default choices set by Telenet that are not the most privacy friendly and always allow profiling; 6. The mandatory quasi-automatic acceptance of communication of data via cookies; 7. Combined with the lack of possibility to easily way to exercise the right to object.
Dispute
Holding
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English Machine Translation of the Decision
The decision below is a machine translation of the Dutch original. Please refer to the Dutch original for more details.
