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Article 21 LSSI? The Spanish DPA held that apart from data protection obligations, the Spanish Law on Information Society and Electronic Commerce (LSSI), clearly

"bieNNova" infringed Article 21 LSSI (Ley de Servicios de Sociedad de la Información y de Comercio Electronico). Article 21 establishes that it is forbidden

the controller for the alleged infringement of Article 21 LSSI, as defined in Article 38(4)(d) LSSI. The controller reacted to the allegations with a written

A. (defendant) for infringing Article 17, 32, 5(1)(f) GDPR and Article 21 LSSI. The fine was imposed after investigating two complaints received from the

Therefore, the company violated Article 21 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSI), which prohibits the sending of advertising

Article 21(1) LSSI has not been complied with, as there is no consent according to Articles 6 and 7 GDPR. Serious infringements, according to the LSSI, imply

Article 6(1)(a) GDPR Regulation 1024/2012 (IMI Regulation) Article 21(1) LSSI Article 22(2) LSSI Type: Complaint Outcome: Other Outcome Started: Decided: Published:

established in article 21 and do not constituteserious offense ” .In the present case, the violation of article 21 of the LSSI that is imputed to theclaimed

correspondence even after his request for it to cease. The DPA referred to Article 21 LSSI, the national law on information society services. This provision prohibits

the claimed, by the alleged violation of article 21 of the LSSI, typified in article 38.4.d) of the LSSI, which may be sanctioned with a fine of up to €

infringing Article 7 GDPR and Article Article 21(1) of the Spanish Law on Information Society Services (LSSI). Borjamotor, S.A., recognizing its responsibility

prescribes after 6 months, in accordance with article 45 of the LSSI. III Article 21.1 of the LSSI expressly prohibits commercial communications aimed at the

article 21.1 of the LSSI? In this case, there was no dispute. BUBO MEDIA acknowledged that their actions were not in line with article 21.1 LSSI, recognized

imposed a €10,000 fine. Second, it held the company infringed Article 21 the LSSI (Law of Information Society Services and Electronic Commerce) for sending

opposition, so the application of the aforementioned section of article 21 (21.2) of the LSSI. Files Relating to non-compliance with the LSSICE are indicated with

established in article 21 and do not constituteSerious offense".In the present case, the violation of article 21.1 of the LSSI that is attributed to theclaimed

that the company infringed Article 21 of the Spanish law regulating cookies and unsolicited commercial communications (LSSI). This law prohibits companies

commerce). Frequent references in data protection are made to Article 21 of the LSSI. It regulates sending commercial messages through electronic means and

with NIF B55053482, for aviolation of Article 21.1 of the LSSI, typified in Article 38.4.d) of the LSSI, awarning penalty.SECOND: REQUIRE CATMEDIA GLOBAL

Information Society and Commerce Electronic (LSSI), and attending to the following: BACKGROUND FIRST: Dated 09/26/21 D. A.A.A. (hereinafter, “the complaining

Society of the Information and Electronic Commerce (LSSI). II Article 22.2 of the aforementioned LSSI Law establishes that: 2. Service providers will be

Information Society and Electronic Commerce (LSSI), and attending to the following: FACTS FIRST: On 08/22/21, he entered this Agency, a brief presented by

eCommerce (LSSI). Additionally, the DPA held that the absence of a "Refuse all" button in the cookie banner was also a violation of Article 22(2) LSSI. For these

cookies before obtaining consent constitute a violation of Article 22(2) LSSI, the Spanish Law implementing the e-Privacy Directive? The AEPD concluded

website violated Article 22(2) of the Spanish Information Society Services Act (LSSI), implementing the e-Privacy Directive, as it did not properly inform the

Services and Electronic Commerce (LSSI). Electronic Commerce (LSSI), and in accordance with the following: FACTS FIRST: On 20/04/21, this Agency received a letter

and guarantee of digital rights, (hereinafter "LOPDGDD"). THIRD: On 01/13/21, the claimed entity submitted a written statement of answer in this Agency

referred amountC / Jorge Juan, 6www.aepd.es28001 - Madridsedeagpd.gob.es Page 21 21/23in the previous paragraph it may be done at any time prior to the resolution

cookies to allow. This, the AEPD held, is in line with the provisions of the LSSI (Law of Information Society Services and Electronic Commerce). Also, the

March 2023 was considered clear and did not contradict Article 22.2 of the LSSI. On the 16 March 2023 The Spanish DPA verified that there was no mechanism

is not of application of art 38.4.g of the LSSI to the extent that it is not being breached the art. 22 LSSI. 6th. If there is any doubt about the legality

Information Society and Electronic Commerce (LSSI) and attending to the following: BACKGROUND FIRST: On 12/21/21, he entered this Agency, through the Council

34/2002, of July 11, on Information Society Services and Commerce Electronic (LSSI). The reasons on which the claim was based are: “The company IURIS MARKETING

complainant had a right to object to processing for marketing purposes under Article 21 GDPR. Despite no further contact being made the company, the AEPD still fined

against the utility company, Iberdrola Clientes, S.A.U for infringing Article 21 GDPR, Article 48(1)(b) LGT, and Article 23(4) LOPDGDD. The initial proposed

LPACAP), for the alleged violation of Article 21.1 of the LSSI, typified in the Article 38.4.d) of the LSSI. SIXTH: The aforementioned start-up agreement

Data Inspection proceeded to carry out the following actions: On February 21, 2019, the complaint was transferred to the claimant for its analysis and

defendant) for the infringement of the right to objection specified at Article 21 GDPR in connection with Article 48(1)(b) of the Spanish Telecommunications

Information Society and Electronic Commerce (LSSI), and based on the following: BACKGROUND: FIRST: On 01/06/21, a letter of claim, in which, among other things

the followingACTSFIRST: Mr. AAA (hereinafter, the claimant) dated October 21, 2019filed a claim with the Spanish Agency for Data Protection. Theclaim is

LGT, in relation to article 21 of the RGPD, and article 23.4 of the LOPDGDD, already that the claimant received on August 21, 2019 at 7:08 p.m. from C /

entity, on 05/28/21, through the SICER service, it was received Appointed at destination on 06/04/21 by D. A.A.A.; ***NIF.1. THIRD: On 09/09/21, this Agency

and form to this body. FIFTH: Consulted the database of this AEPD on 01/10/21 there is no record any allegation in this regard, nor has the legality of

on 11/03/21 through the SICER service, was delivered at destination, on 11/10/21, being the receiver, Mr. B.B.B.. ***NIF.2. FIFTH: On 12/15/21, this Agency

the alleged violations of article 21.1 of the LSSI, classified as “mild” in art. 38.4.d) of said regulation and article 21 of the RGPD, typified in article

Information Society and Electronic Commerce (LSSI), and based on the following: BACKGROUND FIRST: On 01/15/21, a letter from claim of the complaining party

determined that no LSSI violations could be found in this case because its statute of limitations had been exceeded. Pursuant to Article 45 LSSI, very serious

violation of the LSSI, a request for correction would have been more sufficient to obtain the correction of the alleged situation contrary to the LSSI but, in the

Protection Agency and in based on the following: BACKGROUND FIRST: On 12/21/21, Ms. A.A.A. (hereinafter, the complaining party) filed claim before the Spanish

following: FACTS FIRST: Don A.A.A. (hereinafter, the claiming party), dated August 21, 2020, filed a claim with the Spanish Agency for Data Protection. The The

infringing Article 22 of the Spanish Law implementing the e-Privacy Directive (LSSI), for not properly informing the users about the use of cookies and for placing

on the following ACTS FIRST: A.A.A. (hereinafter, the claimant) dated April 21, 2020 filed a claim with the Spanish Agency for Data Protection. The claim

gob.es 2/13 That, according to the claimant, the events took place on August 21, 2019. And attach the following documentation:  Invoice from Orange, the

the data processor, Vamavi Phone SL, had violated Article 48(1) LGT, Article 21 GDPR in link with Article 23 LOPDGDD and Article 28 GDPR by making a commercial

the complained party dated July 15, 2020. - Request made by email dated July 21, 2020 for termination of issuance of invoices and communications. - Response

communications. The sending of advertising emails is regulated in article 21 of the LSSI, which establishes: "one. The sending of advertising or promotional

Director of the Spanish Agency for Data Protection >> SECOND: On December 21, 2020, the defendant has proceeded to pay the sanction in the amount of 54

no no this. You can tell TINDER that you had a conversation with me between 21 and 22/08 E.E.E .: The conversation seemed false to me and I deleted it. On

Martí Director of the Spanish Agency for Data Protection >> SECOND: On June 21, 2021, the claimed party has proceeded to pay the sanction in the amount of

claim on 11/21/2019: Well, the truth and truth is that Play has never been notified ORENES SL any claim, and only on the date indicated (11/21/2019) we were

databases. A copy of the letter addressed to the complainant dated November 21 is provided of 2019. Screenshots of Vodafone systems are provided where it

6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 15/16 >> SECOND: On November 21, 2020, the defendant has proceeded to pay the penalty in the amount of 36

de servicios de la sociedad de la información y de comercio electrónico – LSSI), which corresponds to Article 74 of the Spanish Data Protection Act (Ley

treatment in accordance with Article 21 (2); (…) >> Article 21.2 of the RGPD states the following: << Article 21 Right of opposition (...) 2. When the

understand satisfied the claims of the claimant. Consequently, with dated April 21, 2021, for the purposes provided for in article 64.2 of the LOPDGDD, The Director

Article 6.1.f) of the RGPD in connection with Article 21.3 and Recitals 47, 69 and 70 of the GDPR, Article 21 of the RGPD regulates the right of opposition in

that the tra- C / Jorge Juan, 6 www.aepd.es 28001 - Madrid sedeagpd.gob.es 21/25 compliance with the provisions of this Regulation, where appropriate, of