Data protection watchdog welcomes latest successful prosecutions of marketing offences

Data protection watchdog welcomes latest successful prosecutions of marketing offences

Four organisations including Vodafone Ireland have pleaded guilty to breaches of direct marketing laws following prosecutions brought by the Data Protection Commission (DPC).

The cases came to a head in Dublin Metropolitan District Court yesterday, where Vodafone was fined €500 while Chill Insurance, Hidden Hearing and the Multiple Sclerosis Society of Ireland agreed to make donations to charity of €500 each.

Vodafone Ireland Limited pleaded guilty to one charge in relation to breaches of the regulations which apply to the sending of unsolicited marketing communications without consent. The charge related to the sending of an unsolicited marketing email to one individual without their consent.

The court heard that Vodafone had previous convictions in relation to offences prosecuted by the DPC concerning unsolicited marketing communications. Vodafone was convicted on the charge and the court imposed a fine of €500 to be paid within three months. Vodafone discharged the DPC’s legal costs prior to the hearing.

Chill Insurance Limited pleaded guilty to two charges in relation to breaches of the regulations which apply to the sending of unsolicited marketing communications without consent and with no valid opt-out. The two charges related to the sending to one individual of one unsolicited marketing SMS message without consent and without a valid opt-out.

Hidden Hearing Limited pleaded guilty to four charges in relation to breaches of the regulations which apply to the sending of unsolicited marketing communications without consent. The four charges related to the sending of unsolicited marketing SMS messages and telephone calls to four individuals without their consent.

The Multiple Sclerosis Society of Ireland pleaded guilty to one charge in relation to breaches of the regulations, which apply to the sending of unsolicited marketing communications without consent. The one charge related to the sending of an unsolicited marketing email to one individual without their consent.

In all three cases, the court applied the Probation of Offenders Act 1907 on the basis of a charitable donation of €500 to Little Flower Penny Dinners, and the organisations agreed to discharge to discharge the DPC’s legal costs.

In a statement, the DPC said: “Today’s outcome should serve as a reminder to all organisations that are engaged in any form of electronic marketing, such as by email, text message or cold calling, that non-compliance with the regulations may result in a criminal prosecution by the Data Protection Commission.”

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