Guernsey car dealership fined £65,000 for customers receiving marketing messages against their will

Jacksons in Guernsey (now Van Mossel MotorMall) has been fined £65,000 for changing the marketing preferences of hundreds of customers without their consent. Credit: ITV Channel / Unsplash (Markus Spiske)

A Channel Islands car dealership has been fined £65,000 for unlawfully changing the marketing preferences of their customers against their wishes.

A two-year investigation by the Office of the Data Protection Authority (ODPA) revealed that sales staff at the Guernsey Jacksons branch - now Van Mossel MotorMall - had been amending the marketing preferences of some customers without consent.

The ODPA's investigation identified that Jacksons employees had amended customer records, changing their direct marketing preferences from 'No' to 'Yes'.

This resulted in 430 customers receiving direct marketing communications against their will.

An internal review by Jacksons established that this had been done by certain sales staff at the direction of a senior staff member who is no longer employed by the company.

Van Mossel MotorMall acquired the branch since the investigation began.

The ODPA concluded these actions breached two principles of the island's Data Protection Law (2017), relating to:

  • Lawfulness, Fairness and Transparency;

  • Accuracy.

They further concluded these contraventions were serious in scale because they were intentional.

Jacksons has been issued with a £65,000 administrative fine and an enforcement order dictating they take certain steps to comply with the Law going forward.

The ODPA say the case serves as a "clear reminder that transparency and respect for individuals' marketing preference are paramount".

Guernsey's Data Protection Commissioner, Brent Homan, added: "Respecting customer consent is a fundamental data protection obligation, which underscores the serious nature of this practice and sanction.

"Notwithstanding the serious nature of this matter, I am encouraged by the commitment of the new ownership and leadership of Jacksons to ensure that such practices do not recur and to provide an elevated and exemplary level of protection to its customers and their data rights."

Van Mossel MotorMall regrets "the historic failing" prior to their ownership, but say they have found "no evidence of wider issues". Credit: ITV Channel

In a statement, Van Mossel MotorMall said the company "accepts the Authority's findings and the fine imposed".

They added: "The investigation concerned the actions of a single employee, no longer with the business, who, against established processes, instructed the change of customer contact preferences.

"No further data protection issues were found at MotorMall Guernsey or elsewhere across our group.

"As a Group, we take our customers' data privacy very seriously; we are committed to ensuring that all customer communications are relevant, appropriate and proportionate to our clients' needs.

"We regret the historic failing that occurred prior to our ownership, but we are reassured that the ODPA's exhaustive review has found no evidence of wider issues."

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