ICO - Monetary penalty Valca Vehicle Ltd

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ICO - Monetary penalty Valca Vehicle Ltd
LogoUK.png
Authority: ICO (UK)
Jurisdiction: United Kingdom
Relevant Law: Article 6(1)(a) GDPR
Article 7(1) GDPR
Section 23 Privacy and Electronic Communications Regulations 2003
Section 122(5) Data Protection Act 2018s Regulations 2003
Type: Complaint
Outcome: Upheld
Started:
Decided: 18.02.2021
Published:
Fine: 80000 GBP
Parties: Valca Vehicle and Life Cover Agency Limited
National Case Number/Name: Monetary penalty Valca Vehicle Ltd
European Case Law Identifier: n/a
Appeal: Unknown
Original Language(s): English
Original Source: ICO (UK) (in EN)
Initial Contributor: Hrvoje Novacic

The ICO (International Commissioner's Officer) has fined the Valca Vehicle Ltd 80,000 GBP (€92,718) for sending more than 95,000 nuisance, marketing messages during the pandemic from June to July 2020 without the recipients’ permission.

English Summary

Facts

Valca Vehicle Ltd has failed to provide any evidence of valid consent for any of the 95,004 unsolicited direct marketing messages received by subscribers.

Dispute

In the ICO's view, is a clear attempt to capitalise on, and profiteer from, the national health crisis. Examples of the messages sent includes: "*firstname* Affected by Covid? Struggling with finances? lost job /furloughed? Were here to help! Gvnmnt backed support see if you qualify http://www.debtquity.org"

Holding

Simple reliance on assurances of indirect consent alone without undertaking proper due diligence is not acceptable. Consent will not be valid where an individual is presented with a long, seemingly exhaustive list of general categories of organisations.

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