ANSPDCP (Romania) - Fine against Megareduceri TV S.R.L
| ANSPDCP - Fine against Megareduceri TV S.R.L | |
|---|---|
 | |
| Authority: | ANSPDCP (Romania) |
| Jurisdiction: | Romania |
| Relevant Law: | Article 58(1) GDPR Article 83(5)(e) GDPR |
| Type: | Investigation |
| Outcome: | Violation Found |
| Started: | |
| Decided: | |
| Published: | 03.05.2022 |
| Fine: | 4000 EUR |
| Parties: | Megareduceri TV S.R.L |
| National Case Number/Name: | Fine against Megareduceri TV S.R.L |
| European Case Law Identifier: | n/a |
| Appeal: | Unknown |
| Original Language(s): | Romanian |
| Original Source: | ANSPDCP (in RO) |
| Initial Contributor: | Diana Rosu |
The Romanian DPA fined a controller EUR 4,000 after it failed to collaborate during an investigation, in breach of Articles 83(5)e and 58(1).
English Summary
Facts
After receiving several marketing communications via SMS without offering their consent, a number of data subjects filed a series of complaints with the Romanian DPA against the controller Megareduceri TV S.R.L.
Holding
The Romanian DPA started an investigation against the controller but their request to access the relevant documentation was not executed. As a result, the controller was found in breach of GDPR Articles 83(5)e and 58(1), was fined approximately EUR 4,000 (RON 19795.6) and was applied the corrective measures of:
- ensuring compliance with GDPR, including avoiding processing personal data for marketing purposes without a legal basis;
- taking the necessary measures and evaluating the means through which personal data is processed for marketing purposes.
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English Machine Translation of the Decision
The decision below is a machine translation of the Romanian original. Please refer to the Romanian original for more details.
03.05.2022 RGPD fine The National Supervisory Authority completed in March 2022 an investigation into the operator Megareduceri TV S.R.L., to which it imposed a fine, as a result of the fact that this operator did not provide the information requested by our institution, thus violating the provisions of art. 83 para. (5) lit. e) correlated with the provisions of art. 58 para. (1) of the General Data Protection Regulation. As such, the operator Megareduceri TV S.R.L was sanctioned with a fine in the amount of 19795.6 lei (equivalent to the amount of 4,000 EURO). The investigation was started as a result of the complaints of several petitioners who notified us that they had received by sms commercial messages promoting the services on the site www.reducerazi.ro, without having expressed their consent to receive such messages on personal phone numbers. As the operator did not respond to our institution's requests, although he confirmed their receipt, he was fined. At the same time, the following corrective measures were applied to the operator: the corrective action to ensure that the processing operations comply with the provisions of the RGPD, respectively to avoid situations of processing of personal data without the consent of the data subjects and without the existence of another situation in which the consent is not required; the corrective action is to take the necessary steps to evaluate the processing of personal data so that data such as telephone numbers are no longer processed for the purpose of direct marketing or the transmission of commercial communications by electronic communications services to the public without the express prior consent of targeted persons. Legal and Communication Department A.N.S.P.D.C.P.
