# Non-profit organisation: Insufficient fulfilment of data subjects rights

- Type: Enforcement
- Source: Belgian Data Protection Authority (APD)
- Date: 2020-05-29
- Original: https://www.enforcementtracker.com/ETid-282
- Canonical: https://overview.legal/posts/46397
- Topics: Right to Object, Right to be Forgotten, Legitimate Interest, Direct Marketing, Consent, Data Subject Rights Exercise Modalities and Procedures, Marketing, Personal Data, Supervisory Authorities

## Summary

The Belgian data protection authority has imposed a fine of EUR 1000 on a non-profit organisation for sending out direct marketing messages, despite the fact that data subjects had exercised their right to erasure and objection. The organisation claimed that it was relying on legitimate interests as a legal basis and not on the explicit consent of the data subjects. The data protection authority, however, denied the existence of any outweighing of legitimate interests.

## Full text

The Belgian data protection authority has imposed a fine of EUR 1000 on a non-profit organisation for sending out direct marketing messages, despite the fact that data subjects had exercised their right to erasure and objection. The organisation claimed that it was relying on legitimate interests as a legal basis and not on the explicit consent of the data subjects. The data protection authority, however, denied the existence of any outweighing of legitimate interests.

GDPR Articles: Art. 6 GDPR, Art. 21 GDPR
Industry: Individuals and Private Associations

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