Spain: Spanish DPA issues decision on direct marketing consent notices
Published 12 March 2015
On 12 March 2015, the Spanish DPA issued a EUR10,000 fine on a telecoms company for a breach of their duty to inform customers of their marketing activities. Although the company provided its customers with a notice seeking their consent, the list of businesses named ended “etc”. The DPA considered that use of “etc” did not adequately inform customers of the specific business sectors covered, meaning the company had not satisfied their duty to inform.
The decision is a reminder to ensure consent notices are sufficiently specific to the purposes they are proposed to cover to ensure that the duty to inform is properly discharged.
What action could be taken to manage risks that may arise from this development?
Companies should ensure that their marketing consent notices are sufficiently specific to cover the marketing intended.