News

Source : PS- 00325-2024

📌 Context

📢 A citizen received a new unsolicited commercial offer for a gym membership.

⚖️ Complaint filed in March 2024 with the AEPD against MONUMENTAL FORMA SPORT, S.L. for sending unsolicited commercial SMS, despite a data deletion request made in April 2022.

📩 📲 The SMS in Question

·       🗓 Date: February 5, 2024 - Time: 1:57 PM

·       💬 Content: A promotional offer from the company.

·       🚫 Issue: No mechanism was provided to opt out of such communications.

⚖️ Identified Non-Compliance

1️ - Violation of Data Subjects’ Rights

📜 Failure to respond to a data deletion request

·       Article 17 of the GDPR - Right to Erasure:

o   📌 The data subject has the right to request the deletion of their personal data.

o   📌 The company was obligated to erase this data without undue delay.

2️ - Violation of Article 21 of the LSSI (Law on Information Society Services)

·       🚨 Sending electronic commercial communications without explicit consent.

·       ❌ Lack of an opt-out mechanism for recipients to refuse these messages.

💰 Consequences and Sanctions

·       💶 Administrative fine: €5,000

·    ⚠️ Sanction imposed due to the intentional nature of sending unsolicited SMS.

·    🚫 Absence of an opt-out mechanism, aggravating the penalty.

📢 Conclusion

This decision sends a clear message: businesses must respect consumer rights regarding commercial prospecting.

📌 Sending commercial SMS without explicit consent is a punishable offense, subject to significant fines.