The company repeatedly distributed by electronic means commercial communications to recipients who had not granted consent. Doing so, it breached the obligation laid down in Article 7(2) of the Act No. 480/2004 Coll., on some information society services.
The decision, appealed subsequently, was confirmed by the outgoing office´s president, Ms Janů.
The company has already paid the fine.
“In this case we have not focused on the lodged complaints only, but also on the entire marketing campaign during which e-mails were sent almost to 500 thousand recipients whereby we aimed prevailingly at the legal grounds for this activity. The company only referred to established procedures for obtaining consents. However, it failed to prove possession of the recipients´ consent with sending of the commercial communications. Consequently, the office has found a systemic failure in relation to collection of coordinates and relevant consents which mirrored in the amount of the fine imposed”, explained Ms Martina Šnajderová, head of the commercial communications division.
The office, at its website, has consistently drawn attention to the necessity of obtaining a consent with sending of the commercial communications for which the sender must be able to provide proper evidence.
