AEPD - PS/00438/2019
|AEPD - PS/00438/2019|
|Relevant Law:||Article 6(1)(a) GDPR|
Article 8(1) GDPR
Article 13 GDPR
Article 7 LOPDGDD
|National Case Number/Name:||PS/00438/2019|
|European Case Law Identifier:||n/a|
|Original Source:||AEPD (in ES)|
The Spanish DPA (AEPD) imposed a fine of €10000 on the web page banderacatalana.cat for a violation of Articles 13, 6(1)(a) and 8 GDPR as well as Article 7 of the Spanish Law on Personal Data Protection (LOPDGDD).
English Summary[edit | edit source]
Facts[edit | edit source]
The Spanish controller of the web page banderacatalana.cat, informs on its website that a minimum age of 13 is required to subscribe to the company newsletter and, at the same time, also informs that the legal basis for the processing of personal data is consent (Article 6(1)(a) GDPR) given while registering to the newsletter. Article 8(1) GDPR establishes the age at which a minor can legally give consent at 16 and provides that Member States can set a lower age as long as it is not less than 13 years. Based on this article, the Spanish law on the protection of personal data (LOPDGDD), in its article 7, sets the age at 14 years.
Dispute[edit | edit source]
Does providing incorrect information on the legal basis of the processing activity constitute a violation of Article 13 GDPR?
Holding[edit | edit source]
Comment[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.