Data Protection Commission welcomes latest successful prosecution of Marketing Offences

20th September 2023

The Data Protection Commission welcomed the outcome of prosecution proceedings that were taken by it today at Cork District Court against Alpha Wealth Limited, a financial advisory company based in Little Island, Cork.

Alpha Wealth Limited pleaded guilty to two 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 two charges related to the sending to two individuals of unsolicited marketing email messages without consent. The offences occurred in January 2023. The company had received a warning from the Data Protection Commission in 2022 following the investigation of a previous complaint concerning unsolicited marketing email messages sent to one of the individuals concerned.

The Court applied the Probation of Offenders Act 1907 on condition that the defendant make a donation of €500 to each of the two individuals concerned by 18 October, 2023. Failing compliance with that Order, the Court indicated that it will convict the defendant and apply a fine of €1,000. Alpha Wealth Limited agreed to discharge the DPC’s legal costs.

Today’s outcome should serve as yet another reminder to all organisations that are engaged in any form of electronic marketing in the State, 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.