On November 15, 2024, the Polish data protection authority (UODO) announced that the Supreme Administrative Court, in its judgment issued on November 12, 2024, dismissed ClickQuickNow's appeal against the PLN 201,559 (approx. $49,195) fine imposed on it by the UODO.

Background of the decision

The UODO imposed the fine on ClickQuickNow due to its practices that complicated the process for individuals wishing to withdraw their consent for the processing of personal data. Specifically, the UODO found that ClickQuickNow used complex organizational and technical solutions that hindered users from easily revoking consent, thereby violating the principle that withdrawing consent should be as simple as giving it. Following this, ClickQuickNow challenged the decision in the courts.

Findings of the Supreme Court

The Supreme Court upheld the decision of the Provincial Administrative Court in Warsaw, confirming the legitimacy of the fine imposed on ClickQuickNow. The Supreme Court found that the company's use of a link in commercial communications failed to facilitate a quick withdrawal of consent and misled individuals trying to revoke their consent. Additionally, the court pointed out that messages received by users did not effectively indicate that their consent had been withdrawn, as they required individuals to provide a reason for the withdrawal which interrupted the process. The Supreme Court also highlighted that by January 31, 2019, ClickQuickNow processed the personal data of over 2.1 million people without a legal basis.

Outcomes

In light of the above, the Supreme Court upheld the UODO's decision and dismissed ClickQuickNow's appeal.

You can read the press release here.