RegSol Blog


Data Protection Commission Outcome of Prosecution proceedings for marketing offenses

September 2023

On 11th September 2023, the Data Protection Commissioner (“DPC”) announced the outcome of the prosecution proceedings against Chill Insurance Limited, Hidden Hearing Limited, The Multiple Sclerosis Society of Ireland and Vodafone Ireland Limited.

The DPC noted that the Dublin Metropolitan District Court had identified the following violations in contravention of Regulation 13 of Statutory Instrument 336 of 2011:

· Chill Insurance pleaded guilty to two charges related to sending to one individual one unsolicited marketing SMS without consent and without a valid opt-out.

· Hidden Hearing pleased guilty to four changes related to sending of unsolicited marketing SMS and telephone calls to four individuals without consent.

· The Multiple Sclerosis Society of Ireland pleased guilty to one charge related to the sending of an unsolicited marketing email to one individual without consent.

· Vodafone Ireland pleaded guilty to one charge related to the sending of an unsolicited marketing email to one individual without consent.

The Court applied the Probation of Offenders Act 1907 on the basis of a charitable donation of €500 each to Little Flower Penny Dinners. Furthermore, the Court also convicted Vodafone Ireland on the one charge, and it imposed a further fine of €500 to be paid within three months.

You can read the full press release HERE.


On 20th September 2023, the Data Protection Commissioner (“DPC”) announced the outcome of the prosecution proceedings against Alpha Wealth Limited, a Financial Advisory Company.

The DPC noted that Alpha Wealth Limited pleaded guilty to two charges in violation of Regulation 13 of Statutory Instrument 336 of 2011 (E-Privacy Regulations) for the sending of unsolicited marketing email communications to two individuals without consent, in January 2023. The Company previously received warnings from the DPC in 2022 following an investigation of a previous complaint regarding unsolicited marketing emails sent to one of the individuals concerned.

The Court applied the Probation of Offenders Act 1907 on condition that Alpha Wealth donates €500 to each individual concerned by 18th October. Failing compliance with that Order, it would convict the defendant and apply a fine of €1,000.

You can read the full press release HERE.