Digital Growth Experts Ltd v Information Commissioner

Digital Growth Experts Ltd v Information Commissioner

DGE sent 16,190 unsolicited marketing text messages without valid consent, failed to identify itself as sender, and did not provide opt-out mechanisms, in contravention of regulations 22 and 23 of PECR. The contravention was serious and negligent, and the penalty imposed was fair, proportionate, and dissuasive. The appeal is dismissed.

Parties
Appellant: Digital Growth Experts Ltd; Respondent: Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Appeal / Judgment After Full Merits Review
Outcome
Appeal dismissed
Legal Topics
Unsolicited Marketing, Electronic Communications, Consent Under GDPR, Monetary Penalty Notice, PECR Compliance
Data Protection Privacy Law Regulatory Law Unsolicited Marketing Electronic Communications Consent Under GDPR Monetary Penalty Notice PECR Compliance

Case Brief

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Parties

Digital Growth Experts Ltd

Appellant

Information Commissioner

Respondent

Procedural Posture

Appeal / Judgment After Full Merits Review

Legal Issues

  1. 1 Whether the appellant contravened regulations 22 and 23 of PECR by sending unsolicited marketing text messages without valid consent
  2. 2 Whether the Information Commissioner was correct to issue a Monetary Penalty Notice and whether the penalty was fair, just, and proportionate

Ratio Decidendi

DGE sent 16,190 unsolicited marketing text messages without valid consent, failed to identify itself as sender, and did not provide opt-out mechanisms, in contravention of regulations 22 and 23 of PECR. The contravention was serious and negligent, and the penalty imposed was fair, proportionate, and dissuasive. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The Monetary Penalty Notice of £60,000 is upheld against Digital Growth Experts Ltd.