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27.05.2024

Another fine for GDPR infringement

 

The National Supervisory Authority for Personal Data Processing has concluded an investigation into Urban Home Development S.R.L.  finding a breach of the provisions of Article 13 (1) (a) of Regulation (EU) 679/2016 and of Article 4 (5) (a) of Law no. 506/2004 on the processing of personal data and protection of private life in the sector of electronic communications.

The controller has received a fine in the amount of Lei 10,000 for the violation of Article 4 (5) (a) of Law no. 506/2004 and a reprimand for the violation of Article 13 (1) (a) of the GDPOR.

The investigation took place following a complaint indicating a potential infringement on legal provisions on data processing as the website of the controller did not provide a confidentiality notice for natural persons according to the GDPR nor an information note related to the use of cookies.

During the investigations, the National Supervisory Authority held that the URBAN HOME DEVELOPMENT S.R.L. controller has breached the provisions of Article 13 (1) (a) of the GDPR as the website did not provide information on the name/identity of the controller responsible for the processing of personal data.

At the same time, it was found that by accessing the website administered by URBAN HOME DEVELOPMENT S.R.L. cookies were installed on the user’s device before the user’s consent was given and they were not technically necessary for the functioning of the website.

Therefore, the controller stored cookie information contrary to the provisions of Article 4 (5) (a) of Law no. 506/2004.

At the same time, the following corrective measures were ordered against the controller:

  • To add to the privacy policy on the website the additional information provided by Article 13 (1) (a) of the GDPR;
  • To reconfigure the way module cookies are installed on the website users’ devices.

Legal and Communication Department

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