ITALIAN DPA IMPOSES FINE OF € 17 MILLION ON WIND TRE SPA

04.08.2020

The Italian SA (“Garante per la protezione dei dati personali” – “DPA”) has imposed fine of 17 Million EUR on Wind Tre SpA on account of several instances of unlawful data processing that were mostly related to marketing.

In the present case, complaints who were received from users against unsolicited marketing communications made without their consent via texting, emails, faxes, and automated phone calls had declared that  they had not been enabled to exercise their right to withdraw consent or object to the processing of their data for marketing purposes, partly on account of the inaccurate contact information provided in the information notices.

The investigation showed that the MyWind and My3 apps had been configured in such a way as to require the user to consent, on each access, to processing for various purposes including marketing, profiling, communication of data to third parties, data enrichment and geolocation; withdrawal of such consent was allowed after 24 hours.

Beyond these overarching flaws, the investigations by the Italian SA shed light on multifarious infringements affecting Wind Tre’s business partners. On account of those infringements, one such business partner was fined EUR 200,000 by the Italian SA, and was banned from using the data its agents had collected and processed in the national territory without any consideration for data protection rules. 

While Wind Tre submitted its pleadings and implemented the corrective measures, the DPA imposed fined on EUR 16,729,600 on Wind Tre and ordered that the company shall take technical and organisational measures to ensure effective oversight of their business partners, along with implementing procedures to respect users’ indications to be left alone.  

You can read the announcement here.

Should you have any queries and/or remarks, please do not hesitate to contact us.

 

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr