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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.
What it cost€26.5M + €79M + €500k; Italy's record privacy finecostly

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

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