The National Supervisory finalised in March 2023 an investigation at the controller Tensa Art Design SRL and found the breach of the provisions of Article 12 paragraph 3 and Article 21 from the Regulation EU 2016/679.

Therefore, the company Tensa Art Design SRL was sanctioned with fine in amount of Lei 4.947,9, the equivalent of Eur 1,000.

The investigation was started following an intimation submitted by a data subject that reported the fact that the controller Tensa Art Design SA provides him/her unsolicited messages, although he/she exercised his/her right to object.

Within the investigation performed, it was found that the controller provided to that person, by SMS, repeatedly, unsolicited commercial messages, although he/she previously requested, by electronic mail, the un-subscription from the newsletter service.

Within the investigation, it was found that the controller Tensa Art Design SA did not present evidence from which to result that it handled the data subject's request according to the provisions of Article 12 paragraph 3 in conjunction with article 21 from Regulation EU 2016/679 and did not provide to the latter an answer, within the legal deadline, regarding the measures taken following the exercise of the right to object.

At the same time, within the investigation, the corrective measure to take the necessary measures for the amendment of the procedures existing at the level of the company and their acknowledgement by the employees, so as the rights of the data subjects provided under Regulation EU 679/2016 to be observed in all cases, was applied to the controller.

Legal and Communication Department

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