First conviction of company for unlawful marketing under data protection legislation.
Data Protection Commissioner has taken his first prosecution for an offence under Regulation 13
of Statutory Instrument 535 of 2003. Today, Fours A Fortune Limited was convicted in District
Court 54 on five counts of contravening Regulation 13(1)(b), in that it sent marketing messages
to five mobile phones without the consent of the subscribers.
The company faced a potential fine of up to €3,000 per message sent , but was fined €300 per
count by the Court (a total of €1,500). The company was also ordered to pay costs of €1,000.
The Commissioner is satisfied that this case has sent out a positive signal to the marketing
community and to those that are targets of its promotions. Although prosecution is not an option
undertaken lightly, the Commissioner is not reluctant to pursue this route when necessary.
Since investigation of this case commenced, complaints about similar promotions have fallen.
The Commissioner believes that this is, in part, due to the marketing sector taking proper
notice of their legal obligations and acting in a lawful manner.
Details of the rules concerning direct marketing via electronic media are available at