ICO Fines Virgin Media £50,000 for Sending Marketing Preference Reminder Without Valid Consent

Kişisel Verilerin Korunması Hukuku

The Information Commissioner’s Office (“ICO/the Commissioner”) released a press release regarding the Virgin Media Limited (“Virgin Media”) monetary penalty notice on 08 December 2021.

On or around 4 August 2020 there were 451,217 direct marketing emails containing the Marketing Preference Reminder received by subscribers. The Commissioner finds that Virgin Media transmitted those direct marketing messages. The monetary penalty notice is for £50,000.  The Commissioner has decided to issue Virgin Media with a monetary penalty under section 55A of the Data Protection Act 1998 (“DPA”). The penalty is in relation to a serious contravention of Regulation 22 of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”).

Virgin Media is a British telecommunications company. It first came to the attention of the ICO in connection with this matter on 10 August 2020. The ICO received a complaint (the “Complaint”) from someone complaining about a direct marketing email they had received from Virgin Media on 4 August 2020. The ICO opened an investigation and finds that Virgin Media contravened regulation 22 of PECR.

The Commissioner is satisfied that the contravention identified above was serious. This is because on one day, a confirmed total of 451,217 direct marketing messages were sent by Virgin Media. These messages contained direct marketing material for which subscribers had not provided valid consent.

In determining the amount of the penalty, the Commissioner first considered the nature and seriousness of the contravention and has decided that a penalty in the sum of £50,000 (fifty thousand pounds) is reasonable and proportionate given the particular facts of the case and the underlying objective in imposing the penalty.

You can find the full text of the monetary penalty notice here.

Kind regards,

Zumbul Attorneys at Law

info@zumbul.av.tr