Failure to respect opt-outs from direct marketing by email [2008] IEDPC 8

Failure to respect opt-outs from direct marketing by email [2008] IEDPC 8

X.com failed to record and respect the complainant's opt-out preference, thereby breaching its obligations under S.I. 535 of 2003. Corrective measures and compensation resolved the complaint.

Citation
[2008] IEDPC 8
Parties
Complainant: Complainant; Respondent: X.com
Jurisdiction
Ireland
Procedural Posture
Data Protection Complaint / Investigation and Resolution
Outcome
Amicable resolution; complaint resolved
Legal Topics
Direct Marketing, Opt Out Rights, Electronic Communications, Unsolicited Emails
Data Protection Privacy Law Direct Marketing Opt Out Rights Electronic Communications Unsolicited Emails

Case Brief

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Parties

Complainant

Complainant

X.com

Respondent

Procedural Posture

Data Protection Complaint / Investigation and Resolution

Legal Issues

  1. 1 Whether X.com failed to respect the complainant's opt-out from direct marketing emails in violation of S.I. 535 of 2003

Ratio Decidendi

X.com failed to record and respect the complainant's opt-out preference, thereby breaching its obligations under S.I. 535 of 2003. Corrective measures and compensation resolved the complaint.

Court Disposition

Amicable resolution; complaint resolved

Orders

  • X.com to delete the complainant's email address from its marketing database
  • X.com to suspend outbound emails until unsubscribe lists are reconciled