It is one of the most used social networks and has just received a large fine for this behavior

it is one of the most used social networks and has just received a large fine for this behavior
it is one of the most used social networks and has just received a large fine for this behavior

Communication between social networks and their users must comply with the relevant legal framework in each market. In the case of LinkedIn, the Spanish Data Protection Agency has noted a significant breach that has led it to establish a fine of up to 10,000 euros.

LinkedIn is the most used social network in the professional field . Although its nature is completely different from the rest of the networks that we currently have at our disposal, such as Facebook or Instagram, it is governed by the same legal framework in everything that has to do with communication with its users.

However, it seems that this has not been the case, as stated by the Spanish Data Protection Agency. Said organization has imposed a penalty of 10,000 euros for having sent communications to its users without their express consent.

Express authorization

According to article 21.1 of the Law on Information Society Services and Electronic Commerce, “ it is prohibited to send advertising or promotional communications by email or other equivalent means of electronic communication that have not previously been requested or expressly authorized by the recipients of these ”. And this is precisely what LinkedIn would have broken, as stated by the AEPD.

The events occurred when a user of the social network repeatedly made a request to request the cancellation of a recurring LinkedIn newsletter. Specifically, in November 2022 and February 2023. In the first of the requests, the user did not receive any type of communication from the social network regarding her request. The same did not happen in the second request when, indeed, LinkedIn confirmed that the withdrawal had been correctly registered. However, despite this, communications continued as they had done until that moment.

The Spanish Data Protection Agency contacted LinkedIn to obtain explanations of what happened, stipulating a period of one month for this. However, the agency did not receive any response. Considering that the previously mentioned law was being broken, the AEPD informed them that they would begin the sanctioning procedure. However, they did not receive a response from LinkedIn either.

A light penalty

Having not received allegations within the deadline, it was decided to continue with the process initiated in which the facts in which the accusation, the attributed infraction and the sanction that could be determined were determined. In this case, the violation could reach 30,000 euros. However, given the nature of the case, the AEPD decided to file a lawsuit for a value of 10,000 euros, after having studied the facts claimed in detail.

As stated by the specialized media Confilegal, the sanction is not yet final, since it can be appealed in the Contentious-Administrative Chamber of the National Court. It is necessary to wait for the relevant period to end to consider it as such.


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