APD/GBA (Belgium) - 19/2021

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APD/GBA - 19/2021
LogoBE.png
Authority: APD/GBA (Belgium)
Jurisdiction: Belgium
Relevant Law: Article 12 GDPR
Article 13 GDPR
Article 14 GDPR
Article 21(2) GDPR
Article 32 GDPR
Type: Complaint
Outcome: Upheld
Started:
Decided: 12.02.2021
Published: 12.02.2021
Fine: None
Parties: Telenet
National Case Number/Name: 19/2021
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): Dutch
Original Source: Beslissing ten gronde 19/2021 van 12 februari 2021 (in NL)
Initial Contributor: Enzo

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English Summary

Facts

The complainant states that finding how to exerce its right to opt-out of receiving direct marketing on the website of the telecom provider (Telent) is very difficult. Sending a request for further information also led to no solution.

The DPA's inspection states the following:

1. The use of a large number of documents, which makes the provision of information complex, unclear and difficult to understand;

2. The presence of erroneous information; 3. The use of techniques that may have an impact on the choices of the data subject including the granting of free consent and whether or not to become acquainted with the information or the exercise of rights; 4. The construction of the information in the form of a maze in which the data subject cannot easily access the information; 5. The default choices set by Telenet that are not the most privacy friendly and always allow profiling; 6. The mandatory quasi-automatic acceptance of communication of data via cookies; 7. Combined with the lack of possibility to easily way to exercise the right to object.


Dispute

Holding

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English Machine Translation of the Decision

The decision below is a machine translation of the Dutch original. Please refer to the Dutch original for more details.