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Record Fine For Spamming Imposed In The Czech Republic – Privacy – Czech Republic

Record Fine For Spamming Imposed In The Czech Republic    - Privacy - Czech Republic

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Czech Republic:

Record Fine For Spamming Imposed In The Czech Republic

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On 6 March 2020 the Czech Office for Personal Data Protection
(the “Office”) imposed a record fine of CZK 6,000,000
(approx. EUR 250,000) on an infringer who spammed almost 500,000
e-mail addresses with unsolicited commercial communication. The
infringer, a used-car dealership, had already been fined by the
Office for the same delict in the past. When imposing the record
fine, the Office considered not only that the infringer is a repeat
offender, but also that the number of recipients of the spam was
large, and that the failure to comply with the legal requirements
regarding collection of contact information and consumer consents
to receive commercial communication was a systematic problem rather
than an isolated incident. According to the Office, the problem
stemmed from the infringer’s inability to prove the existence
of consumer consents, and the use of insufficient procedures for
obtaining them as evidenced by the Office’s local
investigation. In addition, the Office condemned the behaviour of
the infringer, who allegedly deliberately anonymised its database
of e-mail addresses so the Office could not properly conduct the
inspection, in particular verify legal titles to sending commercial
communication. The infringer tried to appeal, claiming that the
commercial communication had been sent by a third party and that
some of it was not commercial at all; however, the Office upheld
its decision in the second instance as well. Fines imposed for
spamming in the Czech Republic usually do not exceed CZK 200,000
(approx. EUR 7,500).

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guide to the subject matter. Specialist advice should be sought
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