Vodafone España, S.A.U.: Insufficient legal basis for data processing

The Spanish DPA (AEPD) has imposed a fine of EUR 150,000 on Vodafone España S.A.U.. Three data subjects had filed complaints with the AEPD against the controller. They complained about receiving unsolicited text messages from the controller informing them of new invoices, even though there was no longer a contractual relationship between them and the controller. Moreover, there were no outstanding invoices, as the amount to be paid was always zero euros. The data subjects had asked the controller several times to stop sending them text messages and to delete their data. The controller had explained that the messages had been sent due to a technical error and assured the data subjects that they would no longer receive such notifications in the future. However, the sending continued. The original fine of EUR 150,000 was reduced to EUR 90,000 due to immediate payment and admission of guilt.

Industry: Media, Telecoms and Broadcasting