Non-compliance with lawful basis for data processing

The Italian Data Protection Authority (Garante) imposed two fines of €11,5 million total on Eni Gas and Luce because of the unlawful processing of personal data during an advertising campaign as well as for the activation of unsolicited contracts.

First fine of €8,5 million was issued for the unlawful processing of personal data in the context of a marketing campaign. The company made promotional calls without the consent of the contacted people and refused to acknowledge people’s wishes to be added onto a “do not contact” list. The company also did not provide an opt-out procedure for these unsolicited calls. The DPA also determined that the company lacked sufficient technical and organizational measures to protect users’ personal data. Data was also processed longer than the allowed retention period. According to the DPA, some data was also collected from third party entities that did not have consent from the data subjects to disclose that data.

Second fine of €3 million was issued for the opening of unsolicited contracts for the provision of electricity and gas. A large number of individuals have reported that they have only learned of the new contracts after they received a termination letter from their old provider. Some complaints even reported false data as well as forged signatures.

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