AEPD - PS/00357/2020
|AEPD - PS/00357/2020|
|Relevant Law:||Article 13 GDPR|
|National Case Number/Name:||PS/00357/2020|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD (in ES)|
The Spanish DPA (AEPD) issued a warning to the defendant (a natural person) for not adequately informing users about the data processing it carries out on its website in violation of Article 13 GDPR.
English Summary[edit | edit source]
Facts[edit | edit source]
A public body for the defense of consumers' rights filed a complaint with the AEPD against the defendant for failing to comply with Article 13 GDPR on its website.
In its investigation, the AEPD found that the defendant's website had a data collection form, but users did not have all the necessary information on the processing of their data according to Article 13 GDPR.
Subsequently, the AEPD verified that the defendant had updated the information on its website.
Dispute[edit | edit source]
Holding[edit | edit source]
The AEPD imposes a warning sanction and explains that imposing a sanction under Article 83(5)(b) of the GDPR against the respondent would be a disproportionate burden on it. In addition, the AEPD takes into account two factors: 1) that the main activity of the respondent is not directly linked to the processing of personal data and 2) that there is no record of previous data protection infringements.
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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.