SONATEL S.A
Formal notice (mise en demeure): cease non-consented automated prospecting calls, collect prior specific consent, provide effective short-delay opt-out and update consent tools across all short-code services; publication on cdp.sn ordered; sanction committee to be seised if unfruitful. CDP, September 2022.
The facts
The CDP's plenary put Sonatel on formal notice over commercial prospecting carried out by automated calling from the short code of its Hello star service. The Commission found the operator had not collected customers' prior consent to receive automated calls and had not declared the processing before launching the service.
Orders and outcome
Sonatel was given one month from receipt of the decision to end the breaches, including informing customers beforehand of automated prospecting calls, collecting prior and specific consent, giving subscribers an effective and prompt way to object or withdraw consent, and updating consent and rights tools for all other short-code services; the plenary also decided to publish the formal notice in the Official Journal and to seise the sanction committee, after adversarial procedure, if the notice went unheeded. Dated 2022.
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