ANSPDCP (Romania) - Sanction against Tensa Art Design SA
| ANSPDCP - Sanction against Tensa Art Design SA | |
|---|---|
 | |
| Authority: | ANSPDCP (Romania) |
| Jurisdiction: | Romania |
| Relevant Law: | Article 21(3) GDPR |
| Type: | Investigation |
| Outcome: | Violation Found |
| Started: | |
| Decided: | |
| Published: | 01.02.2023 |
| Fine: | 1,000 EUR |
| Parties: | Tensa Art Design SA |
| National Case Number/Name: | Sanction against Tensa Art Design SA |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | Romanian |
| Original Source: | ANSPDCP (in RO) |
| Initial Contributor: | carlafilip |
The Romanian DPA fined a controller €1,000 for transmitting unsolicited communications without observing a data subject's right to object.
English Summary
Facts
The company Tensa Art Design SA (the controller) sent a series of commercial communications (newsletters) to a data subject, via e-mail.
Although the data subject requested to unsubscribe multiple times from the newsletter service, the controller did not take into account the data subject's choice.
Therefore, the data subject filed a complained with the DPA against the controller.
Holding
The DPA held that the controller violated the provisions of Article 21(3) GDPR and issued a fine of €1,000 (RON 4,927.3).
In addition, the DPA also obliged the controller to take the necessary measures and amend the existing company procedures, in order to ensure that the data subjects' rights under GDPR are respected in all cases.
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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.
01.02.2023
Penalty for GDPR violation
In January 2023, the National Supervisory Authority completed an investigation at the operator Tensa Art Design SA and found a violation of the provisions of art. 21 para. (3) of Regulation (EU) 2016/679.
As such, the operator was penalized with a fine of 4927.3 lei (equivalent to 1000 EURO).
The investigation was started as a result of a notification sent by a concerned person who complained that the operator Tensa Art Design SA constantly sends him unsolicited messages.
During the investigation carried out, it was found that the operator repeatedly sent unsolicited commercial messages to the person concerned via e-mail, although he had previously requested to unsubscribe from the newsletter service.
The National Supervisory Authority found that the operator Tensa Art Design SA did not comply with the legal provisions regarding the processing of personal data, as it did not take into account the request of the data subject, sent by e-mail, through which he exercised his right of opposition and through which he notified that he had unsubscribed many times from the newsletter, thus violating the provisions of art. 21 para. (3) of Regulation (EU) 2016/679.
At the same time, as part of the investigation, the operator was also given the corrective measure to take necessary measures regarding the modification of the existing procedures at the company level, so that the rights of the data subjects provided for by Regulation (EU) 2016/679 are respected in all cases .
Legal and Communication Department
A.N.S.P.D.C.P.
