Vis Consulting Sp. z o.o., telemarketing firm, fined PLN 20,000

On 09/Mar/2020, Vis Consulting Sp. z o.o. received a privacy fine of PLN 20,000. The enforcement authority (Polish Personal Data Protection Office) has cited these legal provisions in imposing the fine on Vis Consulting Sp. z o.o.: Article 31 GDPR/ GDPR/

Essentials

Date of enforcement action:
09/Mar/2020
Jurisdiction: Fine imposed:
Poland Flag for Poland, which is the jurisdiction taking enforcement action PLN 20,000 (US$4,800)
Defendant company or entity: Industry segment:
Vis Consulting Sp. z o.o. Marketing /

Case summary

The President of the Personal Data Protection Office imposed a fine of PLN 20 000 on Vis Consulting Sp. z o.o. in liquidation with the seat in Katowice, a company from telemarketing industry, for making it impossible to conduct inspection. Additionally, the company’s owner is subject to criminal liability for this.

The President of the Personal Data Protection Office (UODO) decided to conduct inspection activities at the penalised company, in connection with the findings made in the course of another inspection performed at the company conducting telemarketing activities. It was established that the company has a cooperation contract with regard to outsourcing of telemarketing services with Vis Consulting Sp. z o.o. Therefore, the supervisory authority found it necessary to conduct inspection activities at the entity which actually operated the telephone calls and processed the data.

Unfortunately, the UODO’s inspectors, after prior notification on the planned inspection, did not find anyone at the address indicated in the National Court Register (KRS). On the spot, there was only a company which leased office space to Vis Consulting Sp. z o.o. (so called virtual office).

The inspectors managed, however, to contact Vis Consulting by telephone, and its proxy informed that the inspection would not take place.

Therefore, the President of the UODO concluded that the company in no way wished to cooperate with the personal data protection authority. On two consecutive days of the planned inspection activities, the company made it impossible to carry out the inspection twice. Furthermore, on the date on which the inspectors attempted to conduct inspection at Vis Consulting Sp. z o.o., its authorities decided to liquidate that entity.

In the opinion of the President of the Office, this company does not comply with the obligations relating to the processing of personal data and, at least intentionally, avoids to be subject of inspection by the supervisory authority. Thus the company infringed the provisions of Article 31 of the GDPR with regard to Article 58(1)(e) and (f) of the GDPR referring to cooperation with the supervisory authority and enabling it access to all personal data and any information.

Hence, the President of the UODO concluded that the conditions for imposing a fine on the company were satisfied. In determining the amount of the fine, the supervisory authority did not identify any attenuating circumstances affecting the amount of the fine.

In connection with suspicion of commission of an offence under Article 108 (1) of the Act on the Protection of Personal Data by the President of the Company, the supervisory authority notified the District Public Prosecutor’s Office in Katowice thereof. According to that provision, the prevention or hindering of conducting inspection of compliance with the personal data protection provisions shall be subject to a fine, restriction of personal liberty or imprisonment for up to two years. The Public Prosecutor’s Office has already lodged an indictment against the President of the Company to the court.

(EDPB)

Applicable legal provisions

Enforcement information

Enforcement authority: Type of enforcement action:
Polish Personal Data Protection Office Flag for Poland, which is the jurisdiction taking enforcement action Penalty notice
Subject to appeal?
Not known

Cite this fine in your work

Data Privacy Fines Index. (2020-03-09 04:18) Vis Consulting Sp. z o.o., telemarketing firm, fined PLN 20,000. dataprivacyfines.com. Retrieved from https://dataprivacyfines.com/fine/vis-consulting-sp-zoo-fined-pln-20000/

Entry last updated: 2020-04-11 12:46 GMT.