AEPD - PS/00100/2020
|AEPD - PS/00100/2020|
|Relevant Law:||Article 13 GDPR|
Art 22.2 Spanish LSSI
|National Case Number/Name:||PS/00100/2020|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD.es (in ES)|
|Initial Contributor:||Pablo Rossi|
AEPD decided to fine the company ARANOW PACKAGING MACHINERY, S.L in the amount of EUR 3000 for violating the rights of recipients of services, in particular for "using data storage and retrieval devices (cookies) without providing the necessary information prohibited by article 22.2 of the LSSI" (Spanish Law on Information Society Services and Electronic Commerce, which transposes into Spanish law the Directive 2000/31/EC on electronic commerce). However, the company made use of two attenuating factors from the LPACAP (Spanish Law on Common Administrative Procedure of Public Administrations). This led to a reduction of up to EUR 1200 in the amount of the penalty, setting the total amount of the fine in EUR 1800.
English Summary[edit | edit source]
Facts[edit | edit source]
On 03/10/19 AEPD received a complaint stating, inter alia, the following:
Dispute[edit | edit source]
Were ARANOW PACKAGING MACHINERY's Privacy and Cookie policies aligned with European and national regulations ? (Art 13 GDPR and art 22.2 LSSI)
Holding[edit | edit source]
This Infraction is classified as "minor" in Article 38.4 g) of the aforementioned Law, and may be sanctioned with a fine of up to EUR 30,000 , in accordance with Article 39 of the LSSI. Two criteria (established in Article 40 of the LSSI) were applied to graduate the sanction: the existence of intentionality and the period of time during which the infraction was committed. Taking these criteria into account, the amount of the fine was calculated at EUR 3,000. However, two attenuating circumstances of the Spanish Law on Common Administrative Procedure of Public Administrations (Article 85) could be applied, which may respectively reduce the fine by 20%. The first mitigating factor is to acknowledge their responsibility within the time allowed for the submission of claims. The second mitigating factor is, at any time prior to the resolution of the proceedings, to make voluntary payment of the proposed penalty.
On June 22, 2020, ARANOW PACKAGING MACHINERY, S.L proceeded to pay the sanction in the amount of EUR 1800, applying therefore the two previously mentioned reductions. This implied the recognition of their responsibility and the resignation to any action or appeal in administrative channels against the sanction. After these events, the AEPD decided to terminate the procedure.
Comment[edit | edit source]
Despite the fact that the Directive 2000/31/EC on electronic commerce has been introduced into the legal systems of the Member States in a harmonized manner, each Member State has its own administrative sanctioning procedures. This underlines the importance of knowing the administrative sanctioning procedures of each Member State, where small particularities can mean big differences from one State to another.
Further Resources[edit | edit source]
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English Machine Translation of the Decision[edit | edit source]
The decision below is a machine translation of the Spanish original. Please refer to the Spanish original for more details.