The right of users to oppose the use of data for direct marketing purposes should be respected. And the mechanisms for receiving their requests must be efficient and guarded.
This is the principle reiterated by the Privacy Supervisor that warned a company for not responding to requests from some users who did not want to receive promotional emails and ordered it to take the necessary organisational measures to provide an immediate response to those who oppose direct marketing.
The company was also prohibited from processing data without consent and for the violations found, a penalty of 30000 euros was imposed.
The proceedings were the result of two complaints complaining about the receipt of promotional emails sent by the company, without consent and despite the opposition of the recipients manifested via PEC.
The complainant also pointed out that it was impossible to stop the mailings by means of the unsubscribe button, which is also present in the emails and the absolute lack of response to their requests for exercise of rights.
The company argued that the lack of feedback was due to the fact that the pec mailbox had not been monitored for several months due to organisational problems and that users should have exercised their rights using the form at the link
Insufficient justifications according to the Guarantor. The examination of the emails received by the complainant, some of which dating back to 2018 has in fact emerged that the only way to identify in a certain way a communication channel was the address pec, which can be found in the public registers.
Finally, the unsubscribe button at the bottom of the mails was still not working, as demonstrated by the fact that, despite its use one of the reclaimers had continued to receive unwanted messages.
The Garante therefore considered that the absence of clear indications, within the same promotional emails, on how to contact the company, together with the lack of adequate technical and organizational measures, that should have allowed the unsubscribe button to function and the correct monitoring of the box of