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Commissioner (Cyprus) - Aylo Freesites Ltd

From GDPRhub
Commissioner - Aylo Freesites Ltd
LogoCY.jpg
Authority: Commissioner (Cyprus)
Jurisdiction: Cyprus
Relevant Law: Article 5(1)(a) GDPR
Article 5(1)(c) GDPR
Article 5(1)(e) GDPR
Article 5(2) GDPR
Type: Investigation
Outcome: Violation Found
Started:
Decided:
Published: 28.03.2025
Fine: 58,400
Parties: Aylo Freesites Ltd.
National Case Number/Name: Aylo Freesites Ltd
European Case Law Identifier: n/a
Appeal: Unknown
Original Language(s): Greek
Original Source: CPDP (in EL)
Initial Contributor: cci

The Cypriot DPA fined an online adult content provider €58,400 for several GDPR infringements, including the illegal use of cookies on pornographic websites and the illegal processing of visitors' data.

English Summary

Facts

In 2022 the Cypriot DPA carried out an own-volition investigation on Aylo Freesites Ltd (the data controller). The company, formerly known as Mindgeek, owns and operates a number of popular pornographic websites.

In a preliminary decision, the DPA found that the controller did not comply with a number of key data protection principles, including accountability, transparency, lawfulness, data minimisation, storage limitation, and data security.

The DPA issued instructions to the controller in order to bring its data processing into compliance with the GDPR. The DPA later evaluated the controller’s compliance with its orders.

Holding

In its final decision, the DPA fined the controller €48,000 for the breaches of the Regulation that took place before it complied with the DPA’s instructions. Additionally, the DPA fined the data controller €10,400 over illegal cookie use.

Comment

The decision itself was not published: the DPA only explained it in a press release (available here).

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English Machine Translation of the Decision

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

Inspection under Article 58(1)(b) of the Regulation
My Office carried out an ex officio inspection at the premises of Aylo Freesites Ltd (formerly Mindgeek), which owns and operates world-renowned adult content websites. The inspection focused on issues such as cookie consent, processing of biometric data by a third party, data protection impact assessments and data processing agreements. Several breaches of the Regulation were found, leading to a prima facie decision with a compliance order. In summary, a lack of compliance with several key data protection principles was found, including accountability, transparency, lawfulness, data minimisation, storage limitation, data security and the necessity of a legal basis for processing. These gaps were considered significant because they occurred four years after the implementation of the Regulation. The Company responded to the instructions I gave it in the context of my Mandate and implemented corrective measures. I then issued a final Decision where, after taking into account the Company's compliance with my recommendations, I imposed an administrative penalty of a fine of €48,000 for violations of the Regulation that took place before its compliance. In addition, I imposed an administrative penalty of €10,400 for the illegal use of cookies. The Company paid the imposed fine within the deadline.