Data Protection fines starting to show up in the EU

The European Data Protection Officer (UODO), imposed the first administrative fine to a Polish based company for lack of performance of the obligation to inform data subjects of the processing which was occurring.

As per the elements reported by the authority, the company only informed the data subjects for which they have an email address (mostly given the cost of informing other data subjects) and via their website.

The UODO confirmed that such practise is not acceptable and entails a violation of the obligation of information.
In the opinion of the UODO  President, this method of communication is insufficient.

In addition, was mentioned that such information must contain: i) which data, ii) the source of their data, iii) the purpose of the processing, iv) the retention period and v) the applicable rights.

Cost cannot be an argument to limit the rights of the data subjects, and more in specific cannot limit the obligation of information according to the UODO decision.

The 220.000€ fine imposed for not having informed data subjects directly (excepted those data subjects for which an email address was present), set a rule for future similar cases.



Jaime Prieto

Mr. Jaime Prieto is a lawyer experienced in Financial Crime, Anti-Money Laundering and Counter Terrorism Financing having extensive professional experience in both public and private sectors. Mr. Prieto has been a Head of Compliance in the European Union, the Americas and the Caribbean for banks, trust companies, asset managers, Big Four audit and advisory firms, RegTechs, government agencies and other types of financial professionals. In addition to his experience, he has been legal and educational chair in several compliance and sectorial organisations and performed as a teacher and speaker for a number of organisations and in several local and international forums. Furthermore, Mr. Prieto is an experienced Money Laundering Reporting Officer anda Data Protection officer with additional experience in risk management.

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