Tag: Advertising

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publishable_li_2019-08_noviolation_summarypublic_0.pdf

Summary Final Decision Art 60
Complaint

No violation

Background information
Date of final decision: 12 August 2019
LSA: LI
CSAs: DE-Brandenburg
Legal Reference: Lawfulness of the processing (Article 6), Conditions for consent (Article 7),

Principles relating to processing of personal data (Article 5)
Decision: No violation
Key words: Advertising, Lawfulness of the processing, Lack of evidence

Summary of the Decision

Origin of the case
The complainant alleged he had received unwanted advertising. After requesting access to his personal data, he received a screenshot from the controller showing the information he had allegedly shared in order to participate in an online competition. This included his address and contact details.
The complainant argued that he had in fact not participated in the online competition and did not provide his consent, so he lodged a complaint assuming that a third party entered his contact details.

Findings
The LSA sent a request for further information to the complainant, which remained unanswered.

Decision
The case was rejected as no evidence was submitted by the complainant.

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Please see the original file for the official wording at
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publishable_de_berlin_2019-04_reprimandtocontroller_summarypublic.pdf

Summary Final Decision Art 60
Complaint

Reprim and to co ntro ll erBackground information
Date of final decision: 31 October 2018
LSA: DE- Berlin
CSAs: AT, BE, DK, LU, SE, DE- Bavaria, DE-Hesse, DE-Lower Saxony, DE-Mecklenburg-Western Pomerania , DE-Saarland
Controller: Outfittery GmbH
Legal Reference: Right to erasure (Article 17), Right to object (Article 21)

Decision: Reprimand to controller
Key words: Lawfulness of the processing, Rights of data subjects, Right to erasure, advertising

Summary of the Decision
Origin of the case
The complainant sent an e-mail to the controller requesting that he no longer receives any further emails, in particular advertising e-mails, and that he requests access to and erasure of his personal data. The complainant subsequently received further advertising e-mails. Information on the personal data processed and the notice of erasure were sent to the complainant.

Findings
The LSA considered that the controller had violated art. 17(1)(c) in conjunction with art. 21(2) GDPR because according to it the data subject has the right to require the data controller to erase his personal data as well as to object to its processing for advertising purposes. The controller must comply with such a request immediately. However, the controller did not comply with the request until much later.

Decision
The LSA decided to reprimand the controller.

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This text has been converted automatically from the PDF available via
https://edpb.europa.eu/our-work-tools/consistency-findings/register-for-article-60-final-decisions_en
using Apache Tika to allow for a better search. This might result in some characters being mangled.
Please see the original file for the official wording at
https://edpb.europa.eu/sites/edpb/files/article-60-final-decisions/summary/publishable_de_berlin_2019-04_reprimandtocontroller_summarypublic.pdf

Please see also EDPB Copyright page