Editing AEPD - E/03276/2021

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The Spanish DPA was not able to launch a sanction procedure because the ICO did not send any information following their cooperation request in the IMI, despite having accepted the case. After Brexit, the Spanish authority decided to archive the case.
 
The Spanish DPA was not able to launch a sanction procedure because the ICO did not send any information following their cooperation request in the IMI, despite having accepted the case. After Brexit, the Spanish authority decided to archive the case.
  
==English Summary==
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== English Summary ==
  
===Facts===
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=== Facts ===
 
The Spanish DPA (AEPD) received a complaint regarding a website that was sending spam to them, and that additionally placed cookies without consent (or possibility of opposing) when visiting their site. This website (pulpower.com/es/) is owned by a British marketing company, Aldaniti International Network LTD.  
 
The Spanish DPA (AEPD) received a complaint regarding a website that was sending spam to them, and that additionally placed cookies without consent (or possibility of opposing) when visiting their site. This website (pulpower.com/es/) is owned by a British marketing company, Aldaniti International Network LTD.  
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Given that the mentioned company doesn't have any premises or establishments in Spain, and therefore has no Spanish Tax number or any related information, the AEPD submitted a request to the Internal Market Information System (IMI), following the Regulation 1024/2012 (IMI Regulation)
  
Given that the mentioned company doesn't have any premises or establishments in Spain, and therefore has no Spanish Tax number or any related information, the AEPD submitted a request to the [https://ec.europa.eu/internal_market/imi-net/index_en.htm Internal Market Information System] (IMI), following the [https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32012R1024 Regulation 1024/2012] (IMI Regulation). In August 2019, the ICO accepted the case, and subsequently the AEPD provisionally archived their own case.
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=== Dispute ===
  
However, the Spanish DPA did not receive any update on the case within the IMI request upon the entry into effect of Brexit, that implies that the United Kingdom is not any more a Member State of the European Union and is therefore nor affected by or part of European regulations.
 
===Holding===
 
The AEPD concluded that, given the fact Brexit, that implies that the United Kingdom is not any more a Member State of the European Union and is therefore nor affected by or part of European regulations, the authority will not be able to identify the controller, which is required by Spanish law for sanction procedures.
 
  
The Spanish Tax authority did not hold any data on the controller either and therefore it was not possible to launch a sanction procedure against it.
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=== Holding ===
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in porgress
  
For this reason, the AEPD decided to archive the case.
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== Comment ==
 
 
==Comment==
 
 
''Share your comments here!''
 
''Share your comments here!''
  
==Further Resources==
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== Further Resources ==
 
''Share blogs or news articles here!''
 
''Share blogs or news articles here!''
  
==English Machine Translation of the Decision==
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== English Machine Translation of the Decision ==
 
The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.
 
The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.
  

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