Glovo (Spain): Can a Data Protection Committee Replace a DPO?

 

No. Spain’s data protection authority found Glovo’s core activity involved large-scale processing, so a DPO was mandatory. An internal Data Protection Committee did not satisfy Article 37, and Glovo was fined €25.000.

Case Summary

Key facts
AuthorityAgencia Española de Protección de Datos (AEPD)
ProcedurePS/00417/2019
Decision1 April 2020
Fine€25.000
ProvisionArt. 37(1)(b)
How it was foundTwo individual complaints, both stating that no DPO had been appointed to handle their claims

Background

The Spanish authority fined Glovoapp23, an on-demand courier platform, for failing to designate a DPO under Art. 37(1)(b). Proceedings began after two separate complaints, filed on 21 May and 4 November 2019 (Bird & Bird).

Why It Breached GDPR

The AEPD found Glovo’s core activity involved large-scale processing of customer data. Glovo argued it was exempt and that an internal Data Protection Committee already carried out the Art. 39 tasks. The AEPD did not accept either argument (EDPO translation of the decision).

Timeline

Glovo: from complaints to reconsideration request (positions scaled to actual elapsed time)
21 May 2019
First complaint
4 Nov 2019
Second complaint
1 Apr 2020
€25.000 fine
Jul 2020
Reconsideration requested

Amber marks the decisive decision or ruling.

Timeline of events
DateEvent
First complaint filed with the AEPD
Second complaint filed
The AEPD fines Glovo for breaching Art. 37 GDPR
Glovo files a request for reconsideration, which the AEPD later dismisses

What Happened Next

Glovo notified the AEPD of a DPO appointment during the proceedings. It filed a request for reconsideration in July 2020, which was dismissed, and the fine stood (Economist & Jurist, Spanish).

What could have been done differently

Run and document the Art. 37 assessment against the WP29 large-scale factors before a complaint arrives. A committee can support a DPO, but it can’t replace the designated, published contact point that Art. 37(7) requires.

Frequently Asked Questions

Why did Glovo need a DPO?

The AEPD found that Glovo’s core activity involved large-scale processing of customer data, which triggers the designation duty in Article 37(1)(b).

Could Glovo’s Data Protection Committee count as its DPO?

No. Glovo argued its internal committee carried out the Article 39 tasks, but the AEPD did not accept that as a substitute for a designated DPO.

Did appointing a DPO during the proceedings cancel the fine?

No. Glovo notified the AEPD of a DPO appointment during the proceedings, but the €25.000 fine stood after its request for reconsideration was dismissed.

Unsure whether your core activities trigger Art. 37? A DPO assessment answers that before a complaint does.

Check if you need a DPO

Sources

  • Bird & Bird, Spanish Authority imposes a fine on Glovo for failing to appoint a DPO (2020)
    twobirds.com
  • EDPO, translation of the AEPD decision
    edpo.com
  • Economist & Jurist, on the dismissed request for reconsideration (Spanish)
    economistjurist.es
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