In January 2022, the DPC received two complaints from two individuals regarding unsolicited marketing emails received from Guerin Media Limited. In response to the DPC’s investigation of the complaints, Guerin Media Limited explained that the two individuals’ email contact details had previously been removed from all marketing lists held by the company with the exception of a Gmail contact list that it maintain. It stated that due to human error and the fact that their details remained on the Gmail contact list, both individuals were sent marketing emails from Guerin Media Limited that should not have occurred.

The DPC had previously prosecuted Guerin Media in 2019 for breaching Regulation 13 of the ePrivacy Regulations in relation to previous complaints regarding similar incidents of unsolicited email marketing. Accordingly, the DPC decided to proceed to another prosecution arising from these complaint cases. At Naas District Court on 5 December 2022, Guerin Media Limited pleaded guilty to three charges under Regulation 13(1) of the ePrivacy Regulations. The District Court convicted Guerin Media Limited on all three charges and it imposed fines totalling €6,000. Guerin Media Limited agreed to pay €1,000 towards the DPC’s legal costs.