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PolicySep 15, 2026

Garante per la protezione dei dati personali (Italy) - 613/2026

Italian DPA fines BBVA €5.5M for sending unsolicited in-app messages after opt-out.

The Italian Data Protection Authority (Garante) has fined the Italian branch of BBVA €5,508,000 for continuing to send in-app communications to a user who had deactivated the feature and objected to the processing. The bank cited a technical error as the cause, but the Garante found this insufficient justification, noting the bank only acted after the DPA intervened and that the user received 10 unsolicited commercial messages.

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The lesson from this incident

Full lesson

The root cause of this violation was a failure to honour a user's explicit opt-out request due to a technical error in the bank's communication preference management system. Critically, BBVA did not detect or remediate the issue independently — action was only taken after the Garante intervened, indicating a lack of adequate monitoring and internal controls. This matters because GDPR grants individuals the right to object to marketing processing, and organisations are legally obligated to enforce those preferences immediately and reliably. A 'technical error' is not an acceptable defence when the underlying systems lack the controls to validate that consent and preference changes are correctly applied end-to-end.

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