The National Supervisory Authority finalized in January 2023 an investigation at the controller Tensa Art Design SA and found the breach of the provisions of Article 21 paragraph (3) of Regulation (EU) 2016/679.

Therefore, the controller was sanctioned with a fine in amount of Lei 4,927.3 (the equivalent of EUR 1,000).

The investigation was started following an intimation submitted by a data subject, claiming that the controller Tensa Art Design SA constantly sends him/her unsolicited messages.

Within the investigation performed, it was found that the controller, repeatedly, provided to the data subject through electronic e-mail unsolicited commercial messages, although the latter previously requested the unsubscribing from the newsletter service.

The National Supervisory Authority found that the controller Tensa Art Design SA did not observe the legal provisions regarding the processing of personal data, given that it did not take into consideration the request of the data subject, sent by e-mail, through which he/she exercised his/her right to object and through which he/she claimed that he/she unsubscribed several times from the newsletter, thus breaching the provisions of Article 21 paragraph (3) of Regulation (EU) 2016/679.

At the same time, within the investigation, the corrective measure to take the necessary measures regarding the amendments of the existing procedures at the level of the company was applied to the controller, in order for the rights of the data subjects provided under Regulation (EU) 2016/679 to be observed, in all cases.

Legal and Communication Department

A.N.S.P.D.C.P.