ICO Fines Company Trying To Profit From Coronavirus

Between 29th February 2020 and 30th April 2020, Digital Growth Experts Limited (DGEL) sought to capitalise on Covid-19 and sent texts to 16,000 people promoting hand sanitising products claiming to be effective against Covid-19.

The text messages were all sent to people who had not consented to receive them. Following a number of complaints, the ICO decided to launch an investigation.

Throughout the ICO’s investigation, DGEL was unable to provide sufficient evidence that it had received the consent required under the Privacy and Electronic Communications Regulations 2003 (PECR),

What is the PECR?

The PECR sits alongside the Data Protection Act and GDPR and sets out the specific privacy rights in relation to electronic communications.

The PECR applies to any network or service providers such as telecoms or internet service providers. The Regulations however also apply to anyone who is conducting the following:

• Marketing by phone, email, text or fax;
• Using cookies or similar technology on their website; or
• Compiling a telephone directory (or a similar public directory).

Outcome of ICO’s investigation

The ICO fined DGEL £60,000.00 for sending thousands of text messages to people without the requisite consent required under PECR.

Further, the ICO issued DGEL with an enforcement notice ordering them to comply with the PECR within 30 days of receipt of the notice.

Comments

This highlights the importance of abiding by data protection laws and the consequences of not doing so.

If you are uncertain as to your position or what you should be doing you need to seek legal advice. This is something that we are able to assist you with here at Nelsons.