Does your website comply with the Data Protection Law for Black Friday?
Reasons for the complaint to the AEPD by the affected party
The reasons for the complaint by the user are as follows:
On the other hand, it is stated that only one of those forms informs about the processing of personal data, with the following sentence:
“I agree that my data provided in the contact form will be processed electronically and used for the purpose of contacting me. I am aware that I can revoke my consent at any time”.
Principle of transparency
According to art. 5.1 GDPR, personal data must be processed lawfully, fairly and transparently with the data subject.
The principle of transparency refers to the right that the GDPR grants data subjects to receive information, and the corresponding obligation of the data controller to provide the data subject with information about the data obtained directly from the data subject, as is the case in the data collection forms provided by the respondent company.
Non-compliance by the Respondent Company
In this way, the company claimed acted in violation of the data subject’s right to be informed of the processing of his or her personal data (Article 13 of the GDPR).
For this reason, the AEPD initiated the agreement to initiate the sanctioning procedure.
Acknowledgment of liability within the time limit granted
The offending company was offered the possibility of a 20% reduction of the fine if, within the established period, it acknowledged its responsibility.
The company was also offered the possibility of a 20% reduction of the fine if, within the established term, it paid the fine voluntarily.
Penalty imposed by the AEPD on the infringing company
Finally, the defendant company proceeded to pay the fine imposed, thus acknowledging its responsibility and proceeding to the voluntary payment of the penalty imposed.
This obligation is fully compatible with the imposition of a financial penalty.
Privacy policies of websites for Black Friday
The celebration of Black Friday has meant a significant increase in commercial sales in recent years in the month of November and, more specifically, online commercial sales. With this, there are thousands of users who prefer to buy products through the Internet, instead of going to physical stores.
From Auratech Legal Solutions we hope that this post has been helpful and that, in this way, all those professionals who offer products or services online are aware of the importance of carrying out a correct treatment of the users’ personal data, as well as of the consequences that any company that does not make a lawful treatment of them will face.
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