Data Protection Commission welcomes latest successful prosecution of Marketing Offences

05th December 2022

The Data Protection Commission today welcomed the outcome of the prosecution proceedings that were taken by it at Naas District Court against a publishing company, Guerin Media Limited of Kill, Co. Kildare.

Guerin Media Limited pleaded guilty to three charges in relation to breaches of the regulations which apply to the sending of unsolicited marketing communications without consent (Regulation 13 of Statutory Instrument 336 of 2011). The three charges related to the sending of unsolicited marketing emails to two individuals without their consent.

The Court convicted the company on all three charges and it imposed three fines of €2,000, i.e. a total of €6,000. The company was given six months to pay the fines.

The fines imposed at today’s court proceedings reflect how seriously the court viewed the offending behaviour that was outlined in evidence. Today’s outcome should serve as a reminder to all organisations that are engaged in any form of electronic marketing, such as by email, text message or cold calling, that non-compliance with the regulations may result in a criminal prosecution by the Data Protection Commission.