Digital Growth Experts Limited (DGEL) – Promotional Emails
Digital Growth Experts Limited (DGEL) has received a GDPR fine of €65,400 for sending advertising SMS via the SMS messaging service Voodoo without the consent of the data subjects. In these SMS, a hand disinfectant effective against the coronavirus was advertised.
The Information Commissioner’s Office (ICO) considers that this is in breach of the 2003 Privacy and Electronic Communications Regulations (PECR). In doing so, according to the ICO, DGEL deliberately exploited the uncertainty of the population at the time of the height of the pandemic and violated the rules to benefit from the corona pandemic. During the investigations of the Information Commissioner’s Office, the controller was inconsistent and unclear in his replies. It was not able to provide sufficient evidence that the consent of the data subjects had been obtained. In addition to imposing the fine, DGEL was issued a writ of execution, ordering compliance with the rules of the PECR within 30 days.
Digital Growth Experts Limited (DGEL) has violated Art. 22 PECR and Art. 23 PECR.
Type of Issue:
Number of involved data records:
Special category of data involved:
Violation of GDPR Paragraph:
7. Conditions for consent