Join The Triboo Limited v The Information Commissioner

Join The Triboo Limited v The Information Commissioner

JTT's consent statements and privacy policies failed to provide sufficiently specific and informed consent for direct marketing emails as required by regulation 22 PECR and Article 4(11) GDPR. The breach was serious due to the volume of emails and JTT ought to have known the risk, justifying the Monetary Penalty...

Source-derived case information.

Parties
Appellant: Join the Triboo Limited; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Consent Under GDPR, Direct Marketing, Monetary Penalty Notice, Enforcement Notice, Privacy and Electronic Communications Regulations (pecr)
Data Protection Privacy Law Regulatory Enforcement Consent Under GDPR Direct Marketing Monetary Penalty Notice Enforcement Notice Privacy and Electronic Communications Regulations (pecr)

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Parties

Join the Triboo Limited

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether consent obtained by JTT was sufficiently specific and informed under Article 4(11) GDPR for direct marketing emails under regulation 22 PECR
  2. 2 Whether statutory preconditions for issuing a Monetary Penalty Notice and Enforcement Notice were met
  3. 3 Whether the Commissioner exercised discretion lawfully and proportionately in issuing the notices

Ratio Decidendi

JTT's consent statements and privacy policies failed to provide sufficiently specific and informed consent for direct marketing emails as required by regulation 22 PECR and Article 4(11) GDPR. The breach was serious due to the volume of emails and JTT ought to have known the risk, justifying the Monetary Penalty Notice.

Court Disposition

Appeal dismissed

Orders

  • Monetary Penalty Notice of £130,000 confirmed
  • Tribunal will determine appeal against Enforcement Notice after further submissions/evidence as per separate case management order