New Fine For Unsolicited Marketing Messages By Portuguese Data Protection Authority

Author:Mr Ricardo Henriques (Abreu Advogados)
Profession:Global Advertising Lawyers Alliance (GALA)

The Portuguese National Data Protection Commission (CNPD) imposed a fine of 107 thousand euros on Deco Proteste Editores, Lda for sending unsolicited emails for direct marketing.

According to a report from news agency Lusa, the case had origin in a complaint from of a private individual who, between October 11, 2011 and June 5, 2013, received in his personal e-mail dozens of electronic communications with advertising content from Deco Proteste Editores, Lda. without ever having been a client or requesting the sending of electronic communications for direct marketing purposes.

The amount of the fine that the CNPD decided to impose on Deco Proteste Editores, Lda results of the application of fines for the practice of multiple offenses of Portuguese e-privacy law, for not observing the provisions of the law that provides that consent is the only ground of legitimacy for this type of data processing.

Deco Proteste Editores have appealed the decision, dated May 6, 2019, Lda, claiming that they were not the ones sending the marketing messages, as the electronic addresses from which the electronic communications in the complaint were sent did not belong to it and the operators of those sites should be...

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