AEPD fines EDP Comercializadora, S.A.U 1.5 million euros for two violations of the GDPR.
EDP Comercializadora, S.A.U, an electricity service provider in Spain has been fined for two violations of the GDPR. The company was found to lack sufficient technical and organizational measures to verify whether someone signing up for its services on behalf of another natural person is indeed authorised to do so, or authorised to process personal data on behalf of the other person. The AEPD also found that in some cases, the company was not providing data subjects with sufficient information related to the processing of their personal data, just by the nature of the informational document provided to data subjects, and the method of providing information. A total of 1.5 million euros in fines was imposed on the company for these violations, in accordance with GDPR Article 83.
AEPD fines EDP Comercializadora, S.A.U €500,000 for a violation of article 25 of the GDPR.
Article 25 (2) of the GDPR addresses the requirement for the implementation of appropriate technical and organisational measures for ensuring the protection of personal data, from the point of collection and throughout the use and storage of this personal data.In addition, the regulation states “In particular, such measures shall ensure that by default personal data are not made accessible without the individual’s intervention to an indefinite number of natural persons.” EDP Comercializadora S.A.U was found to lack sufficient measures to avoid and mitigate the risks associated with the processing of personal data in instances where the service is being registered for by a third party. The company was found to lack the technical and organizational measures required to verify firstly, whether a third-party who hires its service on behalf of another natural person has authorization to perform this contracting, as well as whether they are authorized by that person to process personal data on their behalf. In accordance with article 83 (4) (a), the supervisory authority imposed a fine of €500,000 for this infringement.
An additional 1 million euro fine was imposed by the AEPD.
Article 13 of the GDPR outlines comprehensive and specific information to be provided to all data subjects at the point when personal data is collected from them. This information is all required to be provided by the data controller to every data subject from whom data is collected and processed. Upon review of the document provided to data subjects by the controller, EDP Comercializadora S.A.U, information was found to be lacking regarding the controller, the legal basis for processing not based on consent, the purposes of processing relating to profiling on the basis of legitimate interest, and the possibility to object to processing activities that the controller bases on its legitimate interest. In addition, in some of the company’s procedures, for example contracting the company’s services by telephone, the method of access to the information required by the data subject was not simple and immediate. For this, a fine of €1,000,000 was imposed by the AEPD.