October 2020 – The Czech Data Protection
Authority (the “DPA”) has imposed a
fine totaling 6,000,000 CZK (approximately 250,000 EUR) to a car
dealership for its repeated distribution of unsolicited commercial
communications to almost 500,000 thousand recipients in violation
of Section 7 of Act No. 480/2004, Coll., on Certain Information
Society Services, as amended.
The DPA performed an on-site investigation at the site of the
breaching company. Instead of focusing solely on a number of
specific complaints lodged by the respective recipients, the DPA
then proceeded to evaluate the firm's entire marketing
campaign and the legal grounds for its distribution of marketing
communications to end users. The company was required to present
evidence of valid and specific consents being granted by users. The
DPA rejected as insufficient the company's evidence on the
means of acquiring contact details and method of requesting
consents for marketing campaigns. Specifically, the
