On July 13, 2020, the Italian DPA- Garante issued a €16,700,000 ($18.6 million) GDPR fine to telecommunication company – Wind Tre S.p.A. Just as we predicted the Italian Garante has increased their activities in 2020 with Italy becoming a country with highest-grossing fines in the EU.
The fine was issued due to unlawful processing of personal data for marketing purposes when more than a hundred clients filed a complaint over unsolicited marketing emails that included calls and SMS, as well as listing their phone numbers on public phonebooks against their wish.
What really pushed Garante to issue such a huge fine was the fact that clients weren’t able to withdraw their consent since the company’s data protection policy did not provide all the necessary information.
Garante’s investigation uncovered violation of:
• Principles relating to processing of personal data – Art. 5
• Lawfulness of processing Art. 6,
• Transparent information, communication and modalities for the exercise of the rights of the data subject Art. 12,
• Responsibility of the controller Art. 24
• Data protection by design and by default Art. 25