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23.09.2024

The Voivodeship Administrative Court dismissed the complaint Morele.net against the decision

On 16 September 2024, the Voivodeship Administrative Court dismissed Morele.net's complaint against the decision of the President of the Personal Data Protection Office of 17 January 2024, in which the President of the Personal Data Protection Office found that Morele.net had violated a number of provisions of the GDPR and imposed a fine of over PLN 3.8 million on the company.

It should be recalled that the above case was reconsidered by the Voivodeship Administrative Court after  the Supreme Administrative Court on 9 February 2023 overturned the first judgment of the Voivodeship Administrative Court dismissing the complaint of Morele.net sp. o.o. against the decision of the President of the Personal Data Protection Office of 10 September 2019, imposing a fine of approximately PLN 2.8 million on the company.

On 16 September 2024, the Provincial Administrative Court, having considered the complaint against the above decision, issuing a judgment dismissing the complaint, first of all pointed out that the President of the Personal Data Protection Office had taken into account the legal assessment and indications as to further proceedings expressed in the judgment of the Supreme Administrative Court, because it had reassessed the Morele.net's application for admission and taking of evidence from an expert's opinion, and had sufficiently justified its refusal to grant the application. It produced and included in the case file an internal document constituting conclusions from the analysis of the standard of security measures applied by the company.

The Court found that the employees of the Personal Data Protection Office have sufficient knowledge and competence in the assessment of technical and organisational measures applied by the data controller.

Moreover, according to the Voivodeship Administrative Court, the supervisory authority, in its decision, comprehensively justified its position and the amount of the fine imposed.