In a recent case, the court set out some guidance for how much fine you might get if you’re sending marketing communications without getting the right consent (and this is even before GDPR comes into force next May)…
In this case, LAD Media sent almost 400,000 text messages, and received a monetary penalty notice from the ICO of £50,000.
The court set out a number of guidelines which might influence whether a monetary penalty notice would be given, and the level:
The circumstances of the contravention;
- The seriousness of that contravention, as assessed by the harm, either caused or likely to be caused, as a result; whether the contravention was deliberate or negligent; and the culpability of the person or organisation concerned, including an assessment of any steps taken to avoid the contravention.
- Whether the recipient of the MPN is an individual or an organisation, including its size and sector;
- The financial circumstances of the recipient of the MPN, including the impact of any monetary penalty;
- Any steps taken to avoid further contravention(s);
- Any redress offered to those affected.
For detail of the case see: