The encyclopedia · Marketing & Brand · Marketing decision · 2021–2026
Enel Energia kept calling people who never said yes — Italy's biggest privacy fine, €79M
Hundreds of complaints, 9,300 contracts activated without authorization. Italy's privacy regulator fined Enel Energia €26.5M, then a record €79M.
Enel Energia · 2024-02
What happened
Enel Energia, the retail arm of Italy's largest energy group, sold electricity and gas the old way: by phone, at scale, through call centres. For years users complained of a barrage of promotional calls — to numbers that had never agreed to be called, repeatedly, after opt-outs that did not stick.
In December 2021 the Italian data-protection authority, the Garante, fined the company over €26.5 million — 15 violations of the GDPR and Italy's privacy code, for aggressive telemarketing on data processed without consent. Enel appealed, and in February 2023 the Tribunal of Rome annulled the sanction — not on the facts but on procedure: the regulator had exceeded its statutory deadline in a case opened in 2018.
The reprieve lasted a year. In February 2024 the Garante fined Enel Energia over €79 million — the largest penalty the authority had ever imposed — finding serious deficiencies in how the company's customer data was processed for telemarketing, including more than 9,300 contracts activated without authorization. In March 2026 came another fine, of over €500,000, for the same category of conduct.
Why it happened
- The acquisition model outsourced the calls and kept the growth: call centres worked lists whose consent trail did not hold, activating over 9,300 contracts nobody had authorized.
- Opt-outs were treated as friction, not instructions: complaints accumulated by the hundred because 'no' did not reliably stop the next call.
- The first fine died on procedure, not on the facts — the court annulled the €26.5M because the regulator ran late — which may have read internally as vindication. The €79M fine arrived a year later.
- The channel was priced like it was free: until the fines, the expected cost of an unwanted call was near zero, so the rational choice was to keep calling.
The lesson
A contact list is not consent. A one-to-one channel run on lists nobody agreed to join works until the regulator prices it — and Italy now prices it at a record €79 million.
Aftermath
Consumer associations welcomed the record fine as the end of impunity for teleselling; the company's appeals kept the final word open. The lesson for the industry was plainer than the courtroom outcome: the one-to-one channel that had been the cheapest way to grow had become, per contact, the most expensive.
Sources
- Corriere della Sera — Multa a Enel Energia per 79 milioni di euro dal Garante Privacy
- RaiNews — Telemarketing, Garante Privacy multa per 79 milioni Enel Energia
- Federprivacy — Telemarketing aggressivo e senza consenso: il Garante sanziona Enel Energia per 26,5 milioni
- Altalex — Telemarketing aggressivo Enel: il Tribunale di Roma annulla il provvedimento del Garante
spotted an error? The club wants to know.
More like this
Lavazza called its capsules compostable — but only in a factory, not a bin
Norlys sold 15% insurance discounts that non-customers could get at 12%
DAZN raised Serie A prices four times in two years — subscribers revolted
Somewhere, someone solved the problem this company failed at. 2nd Opinion →

Comments · 0
Sign in to join the comments.