Fines to companies for skipping the Robinson List

Fines to companies for skipping the Robinson List

Skipping the ad exclusion can lead to companies paying high-dollar fines. As indicated in a resolution of the disciplinary procedure published by the Spanish Agency for Data Protection (AEPD), a user for whom a company was sanctioned had received two calls despite being signed up to the Robinson List.

What is the Robinson List and how does it work?

The Robinson List is an advertising exclusion service, created with the purpose that those who are registered in it do not receive any type of commercial communication without their consent. After all, the General Data Protection Regulation (GDPR) itself shows that, in order to carry out commercial communications, it is necessary to have the consent of the users, and “it must be given through a clear affirmative act that reflects a manifestation of free, specific, informed and unequivocal will of the interested party”.

It is a free service that is made available to consumers, framed in the field of personalized advertising, or, in other words, that advertising that a user receives addressed to his name.

There is no doubt that, in order to promote the progress of the economic activity of companies, the processing of personal data is vital. In fact, the GDPR itself recognizes data processing for advertising purposes. However, said activity must be reconciled with respect for the right to data protection of individuals.

In this way, it is essential to seek a balance between the right to data protection and the legitimate treatment of it. Thus, the Organic Law for the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) itself aims to protect the public freedom of companies, and in turn, the fundamental rights of citizens, establishing the obligation to obtain the consent of the users. In this sense, companies have the duty to consult this list before sending advertising by any means, either by telephone or by email, and they have the obligation to exclude from it those people who are registered on said list and are not Your clients.

Penalties for companies for breaking the Robinson List

The Supreme Court ratified the penalty of 40,000 euros imposed by the AEPD on Mutua Madrileña for sending commercial communications that was registered on the Robinson List.

The high court of administrative litigation revealed that a company is ultimately responsible for its advertising, even when the advertising activities have been carried out by a company subcontracted by it.

In the case in question, the inclusion in the Robinson List shielded the user from advertising communications and from participating in market studies. In addition, he carried out his right to oppose the processing of his personal data before the insurer, since he contacted them on numerous occasions indicating that he only authorized the processing of his personal data for those essential purposes for the development of the contractual relationship.

Despite his communications, the claimant continued to receive advertising from Mutua Madrileña, as this communication to the company in charge of advertising management did not indicate the client’s opposition to the processing of their personal data for advertising purposes.

For these reasons, the TS ratified the sanction of the AEPD, noting that the ultimate responsibility would be Mutua Madrileña, despite the existence of a subcontracting of the advertising service, and must adopt all measures that guarantee the effectiveness of the exercise of the right of opposition by the consumer.

What is the correct way to make commercial communications to avoid sanctions?

In order to avoid committing an infringement, it is important that companies become aware when sending commercial communications. To do this, they must meet some requirements:

• Identify in the electronic communication the name of the person who sends the advertising.
• Indicate clearly that it is advertising.
• Provide recipients with the possibility of opposing the processing of their data for promotional purposes through a simple and free process, not only at the time their data is collected, but also in each of the commercial communications that are sent. direct them.