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Sky Deutschland – 250,000 euros fine

22/01/2020 by

Sky Deutschland – 250,000 euros fine

Sky is a pay TV broadcaster and has already engaged in unauthorized telephone advertising for a corresponding subscription on several occasions. The German Federal Network Agency has received more than 1,000 reports on this issue.

Sky has commissioned an external call center company for this prohibited telephone advertising. In the process, false information was provided regarding the consent of the person concerned.

The pay-TV broadcaster presented falsified evidence and claimed that the persons concerned had taken part in prize draws run by the companies First Online Trading GmbH and Flow Factory Solutions GmbH and had thus given their consent to telephone advertising. However, the investigations by the Federal Network Agency made it clear that these allegations were false and that the websites of the companies listed had not been visited by those affected, nor had consent been obtained in any other way.

Other violations of the General Data Protection Regulation were committed by Sky itself. Although these data subjects had generally given their consent to advertising, this consent was subsequently revoked. Nevertheless, these people were harassed with advertising calls, sometimes even several times a day. Those affected spoke at times of “telephone terror.”

The Federal Network Agency therefore conducted proceedings against Sky, in which it was determined that Sky did not have a suitable system for processing and documenting advertising appeals. The company thus violated Section 7 (2) of the Unfair Competition Act (UWG).

Entscheidungsdatum:
23.12.2019

Land:
Germany

Art des Verstoßes:
violated rights of the data subject

Betroffene Datensätze:
> 1.000

Waren sensible Daten betroffen?:
No

verhängte Geldstrafe:
€ 250,000,-

Violation of GDPR Paragraph:

13. Information to be provided where personal data are collected from the data subject
17. Right to erasure (‘right to be forgotten’)
18. Right to restriction of processing
21. Right to object
6. Lawfulness of processing
7. Conditions for consent

Quelle:
Press release of the German Federal Network Agency

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