Summary Final Decision Art 60
Complaint
No violation
Background information
Date of final decision: 20 March 2019
LSA: FR
CSAs: AT, DE – Rhineland-Palatinate, DE – North-Westphalia, DE – Lower Saxony, DE- Saarland, DE – Mecklenburg-Western Pomerania, DE – Bavaria
Legal Reference: Transparent information, communication and modalities for the exercise of the rights of the data subject (Article 12), Information to be provided where personal data are collected from the data subject (Article 13), Information to be provided where personal data have not been obtained from the data subject (Article 14)
Decision: No violation
Key words: Transparency, Privacy statement, Consent
Summary of the Decision
Origin of the case
The complaint concerned the information delivered to individuals visiting the controller’s websites as well as the conditions for processing personal data for the purposes of direct marketing. It was alleged that the controller collects data for advertising purposes without having privacy statement on its websites.
Findings
Following examination of the complaint, a series of exchanges between LSA services and the marketing service of the controller took place. The controller updated the information delivered to individuals visiting its websites, in accordance with Articles 13 and 14 of the GDPR, by the publication of a document entitled ‘General Data Protection Regulation (GDPR)’. The LSA noted controller’s commitment in pursuing a consent campaign for the collection and the use of personal data for the purposes of direct marketing from data subjects, prior to sending newsletters.
Lastly, it was observed that the controller undertakes measures to ensure that every data subject has ‘the possibility to unsubscribe easily and for free’.
Decision
After having observed that the controller responded appropriately and demonstrated compliance with the GDPR, the LSA together with the CSAs agreed to proceed to the closure of the complaint.
Comments
Submitted by a citizen, but not a formal complaint (Art. 77 GDPR)
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