Eni Gas e Luce penalized under GDPR for $8.5 Million

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Madhura Phadtare
Madhura Phadtare
Madhura is editor at Regtechtimes and is an expert in regulatory developments in the international scenario.

Eni Gas e Luce is a powerhouse in the energy sector, offering a wide range of services encompassing gas, power, and energy solutions for both retail and business markets. As a wholly owned subsidiary of Eni SpA, this company has established a strong presence in the energy solution market. With 1,600 employees spanning four renowned European countries and serving over 8 million customers in Italy, Eni Gas e Luce is the leading supplier of natural gas to households, apartment buildings, and small businesses. Moreover, it ranks as the second operator in the free market for the supply of electricity for domestic use. To achieve such feats, the company has collaborated with leading enterprises in the industry, proving its excellence in the realm of energy solutions.

The Cost of Non-Compliance: Eni Gas e Luce’s Hefty Fine

Despite its remarkable standing in the industry, Eni Gas e Luce recently found itself in troubled waters, facing the repercussions of non-compliance with the General Data Protection Regulations (GDPR). The Italian Data Protection Authority, known as Garante, has imposed a substantial fine of $8.5 million on the company. This hefty penalty comes as a consequence of alleged data processing unlawfulness tied to telemarketing and teleselling activities conducted by Eni Gas e Luce.

The Anatomy of the Case

The Italian Data Protection Authority, Garante, unearthed critical issues during its investigation. The primary concern revolved around telemarketing calls initiated without obtaining customers’ consent. Eni Gas e Luce customers complained of receiving unsolicited promotional calls from the company, despite their explicit refusal to be contacted for such purposes. This breach had a direct impact on established procedures for authenticating public opt-out registers.

Additionally, the examination revealed a lack of adequate technical and operational measures within Eni Gas e Luce to facilitate the withdrawal of consent, as required by data protection regulations. The company was also found guilty of retaining personal data for durations exceeding the limits stipulated under applicable laws.

One of the most substantial infringements uncovered by Garante was the use of the personal data of prospective customers provided by third-party list providers. These list providers had not obtained any consent to share this data, which raised serious concerns regarding privacy and data protection.

The Italian Data Protection Authority

The Italian Data Protection Authority, known as Garante per la protezione dei dati personali, plays a pivotal role in safeguarding the fundamental rights and freedoms of individuals concerning the processing of their personal data. Established in 1997, this independent authority ensures that data processing adheres to legal requirements and that the dignity of individuals is respected. Italy’s General Data Protection Rules are derived from the Codice in materia di protezione dei dati personali, established by legislative decree. This framework guides the protection of personal data and privacy in the country.

The Authority’s Directive and Eni Gas e Luce’s Obligation

In response to its findings, the Italian Data Protection Authority issued a directive to Eni Gas e Luce, requiring the company to undertake specific actions. Firstly, the company was instructed to put in place suitable consent mechanisms for individuals listed in databases acquired from third-party list providers. Secondly, Garante ordered Eni Gas e Luce to automate the necessary data flows fully.

Assessing the Aftermath

In the aftermath of the directive, the Italian Data Protection Authority is considering the scale of the impact on individuals affected by Eni Gas e Luce’s non-compliance. They are also evaluating the period during which the infringements occurred. Furthermore, the authority seeks to ascertain the financial standing of Eni Gas e Luce.

Certified GDPR Professional

The Certified GDPR Professional course, offered by Riskpro Learning, is a highly regarded program designed to provide comprehensive training on the General Data Protection Regulation (GDPR). This certification is delivered through a video-based training program that is complemented by a thorough study material package. As a testament to its commitment to learners’ success, the program includes a valuable set of simulated exams featuring 500 questions specifically tailored to GDPR. This combination of video-based learning, study materials, and extensive practice exams equips professionals with the knowledge and skills required to excel in GDPR compliance and data protection, making it a valuable asset in today’s data-driven business landscape.

The case of Eni Gas e Luce serves as a testament to the rigorous enforcement of data protection regulations by the Italian Data Protection Authority. It underscores the critical importance of adhering to data protection and privacy laws, not only to protect individuals’ rights but also to avoid substantial financial penalties for non-compliance. For Eni Gas e Luce, this serves as a costly reminder that data privacy and consent are non-negotiable aspects of their operations.

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