A new fine for the application of Law no. 506/2004
The National Supervisory Authority has finalized, on the 15th of October 2019, an investigation with the controller Vodafone România S.A. and found that it infringed the provisions of Article 13 paragraph (1) letter q) of Law no. 506/2004, corroborated with Article 13 paragraph (5) of Law no. 506/2004 and with Article 7 of the Government Ordinance no. 2/2001.
The controller Vodafone România S.A. was sanctioned with a fine in the amount of 10,000 lei.
The sanction was applied because the controller did not consider the option of a petitioner to no longer receive messages with promotions, contests and any other messages other than those concerning the costs and security of the calls, an option brought to the attention of the controller. Although after his request he was confirmed that he is unsubscribed from the commercial communications sent by the controller, he received on his e-mail another unsolicited message from Vodafone Romania S.A., thus violating the provisions of Article 12 paragraph (1) of Law no. 506/2004 on unsolicited communications.
In this context, the company was advised to respect the request of the petitioner not to receive messages with promotions, contests and any other messages other than those regarding the costs and security of the calls. At the same time, it was recommended to the controller to take the necessary measures in order to comply with the provisions of Article 12 of Law no. 506/2004, for the purpose of sending commercial messages through electronic means of communication only with the express prior consent of the recipients.
Legal and Communication Department