AEPD - PS/00110/2020
|AEPD - PS/00110/2020|
|Relevant Law:||Article 7 GDPR|
Article 6(3) of the Spanish Law on Data Protection and Digital Rights Guarantee (LOPDGDD)
|Parties:||Add Event Staff, S.L.|
|National Case Number/Name:||PS/00110/2020|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD decision (in ES)|
|Initial Contributor:||Miguel Garrido de Vega|
The Spanish DPA (AEPD) decided to impose a warning on Add Event Staff, S.L. for infringing of Article 7 GDPR by not gathering consent separately for different processing activities related to job search and commercial purposes.
English Summary[edit | edit source]
Facts[edit | edit source]
The decision is the consequence of a complaint submitted by a Spanish citizen stating that he registered to a job fair organized by the defendant, but that the web form required him to consent not only the participation at such fair, but also to receive commercial communications and even the transfer of such data to third parties; when he requested the defendant to only use his consent for the participation purpose, the defendant answered that it was not possible and that, as it was a free event, the claimant was obliged to receive commercial communications if he chose to participate at the event.
Dispute[edit | edit source]
Holding[edit | edit source]
Thus, the AEPD understood that the defendant has infringed Article 7 of the GDPR and Article 6(3) of the Spanish Law on Data Protection and Digital Rights Guarantee (LOPDGDD), according to which, (i) commercial communications are a different purpose than attendance to a job fair, so consents for both activities shall be obtained separately, and (ii) the execution of an agreement cannot be subject to the fact that the data subject consents other processing activities not strictly related to performance, development and control of the contract relationship. Consequently, the AEPD decided to impose a warning to the defendant and, additionally, required the defendant to correct the situation in the period of one (1) month since this resolution.
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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.