Published on · RedData Legal
What it is
An out-of-court settlement is an agreement between the company that received an unsolicited commercial email and whoever sent it, whereby the matter is closed without going to the Spanish Data Protection Agency or the courts. The sender pays an amount and the affected company waives further action for that email. It is the usual formula for small damages claims: fast, documented and with no procedural costs for either party.
Why it is offered
Because the infringement has already occurred and there are real routes to pursue it (complaint with the AEPD, damages claim under article 82 of the GDPR, abuse reports). The settlement lets the sender resolve the situation predictably and lets the affected company obtain compensation without waiting for administrative proceedings that can take months and in which it is not a party.
What it closes
The settlement covers the specific email identified in the case file. Upon payment:
- The claiming company waives filing a complaint with the AEPD for that email.
- No abuse reports or blocklist submissions are activated for that email.
- A closure document is issued with the case reference, the date and the amount.
What it does not include
- It is not a penalty or a fine: penalties are imposed by the AEPD.
- It is not a "compliance certificate": the settlement closes a specific matter; it does not certify that the sender complies with the law.
- It does not prevent the AEPD from acting on its own initiative or other recipients from claiming for their own emails.
- It does not bind the claiming company to any service or subsequent relationship with the sender.
The sender's alternatives
Before accepting, the sender may:
- Provide proof of consent or of a prior contractual relationship (article 21.2 of the LSSI-CE). If valid, the case is closed at no cost.
- Submit representations on any other aspect of the case.
- Not respond. In that case, once the deadlines have passed, the affected company may file the complaint and activate the other routes.
How it is documented
A serious out-of-court settlement records the evidence (original email, headers, integrity hash), the amount, the payment date and the waiver. That record protects both parties: the sender, against a later claim for the same email; the affected company, against any doubt about what was agreed.