Skip to content
Enforcement · Spanish Data Protection Authority (aepd) EN LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this document. Contains: this document’s text, its sections with their topics, and the full text of every law provision it applies. Everything links back to its source on overview.legal — legal information, not advice.

NBQ Technology, S.A.U.: Insufficient legal basis for data processing

The Spanish DPA (AEPD) has fined NBQ Technology, S.A.U..

€24,000 Fine
NBQ Technology, S.A.U.
SPAIN
Art. 6 GDPR

Full text

The Spanish DPA (AEPD) has fined NBQ Technology, S.A.U.. A data subject filed a complaint with the DPA against the company after they had denied him a financial transaction due to alleged outstanding payments on a loan. As it turned out, an identity thief had obtained the data subject's data without authorization and applied for a loan from the data controller under pretense of the data subject's identity. The controller then approved the loan. Since the data processed in the course of granting the loan did not belong to the borrower but to the data subject, the AEPD found that the controller had no legal basis for processing the data. The processing was therefore unlawful and a breach of Art. 6 (1) GDPR was affirmed. The original fine of EUR 40,000 was reduced to EUR 24,000 due to the immediate payment and the admission of guilt.

Industry: Finance, Insurance and Consulting

How it connects

C-169/23 Nemzeti Adatvédelmi és Információszabadság Hatóság v UC In Case C-169/23, the Court of Justice of the European Union (Third Chamber) ruled on a preliminary reference from the Kúria (Hungary) concerning whether the Budapest Metropolitan… CJEU ·Third Chamber Nov 28, 2024 Personal Data Legitimate Interest Supervision
C-46/23 Budapest Főváros IV. Kerület Újpest Önkormányzat Polgármesteri Hivatala v Nemzeti Adatvédelmi és Információszabadság Hatóság In a preliminary ruling requested by the Budapest High Court, the Court of Justice interpreted whether Article 58(2)(d) and (g) of the GDPR permits a national supervisory… CJEU ·Fifth Chamber Mar 14, 2024 Right to be Forgotten Personal Data Right to Restriction
C-768/21 TR v Land Hessen In Case C-768/21, the Court of Justice of the European Union (First Chamber) ruled on a preliminary reference from the Verwaltungsgericht Wiesbaden concerning TR's challenge of… CJEU ·First Chamber Sep 26, 2024 Supervision Data Breaches Integrity and Confidentiality Principle
C-306/21 Komisia za zashtita na lichnite danni and Tsentralna izbiratelna komisia v Koalitsia „Demokratichna Bulgaria - Obedinenie“ In this preliminary ruling, the Court of Justice of the European Union addressed whether the GDPR applies to the processing of personal data during national and European elections… CJEU ·Eighth Chamber Oct 20, 2022 Material scope (GDPR) Supervision Personal Data
Guidelines 1/2020 processing personal data in the context of connected vehicles and mobility related applications Guidelines on processing of personal data through video devices Guidelines ·EDPB Jan 28, 2020 Personal Data Privacy by Design & Default Processing