News
?? ?? No Commercial Prospecting via SMS Without Consent
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
1?? 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.
2?? 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
o ?? Sanction imposed due to the intentional nature of sending unsolicited SMS.
o ? 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.