I am writing to issue a formal legal complaint regarding your continued processing of my personal data and your repeated marketing communications after I had clearly and unequivocally self-excluded from your platform.
As you are fully aware, I spent approximately four months requesting that my account be self-excluded. Your failure to act promptly resulted in significant distress and ultimately required you to compensate me. Despite this, and in direct contradiction of your obligations, I began receiving further promotional emails from your organisation approximately one month after my self-exclusion was finally implemented.
These emails included inducements to gamble, such as bonuses, financial offers, and invitations to return to your platform.
This conduct is a serious and actionable breach of your legal, regulatory, and ethical obligations.
1. Breach of Responsible Gambling Obligations
Self-exclusion is a fundamental consumer protection mechanism. Contacting a self-excluded individual with gambling promotions is a clear failure of your duty of care and a breach of responsible gambling standards expected of licensed operators.
2. Breach of Data Protection Law (GDPR)
Your actions constitute unlawful processing of my personal data under the General Data Protection Regulation.
Once I self-excluded and explicitly withdrew consent to be contacted, you no longer had any lawful basis to process my data for direct marketing purposes. Your continued communications amount to:
Processing without a lawful basis (Article 6)
Failure to respect withdrawal of consent (Article 7)
Unlawful direct marketing
Potential failure to implement appropriate technical and organisational safeguards (Article 24 & 25)
Furthermore, I am exercising my rights under GDPR, including:
Right of Access (Article 15)
Right to Erasure (Article 17)
Right to Restrict Processing (Article 18)
Right to Object to Processing (Article 21)
3. Breach of ePrivacy Rules on Direct Marketing
Your actions may also breach EU ePrivacy rules governing electronic marketing communications, which prohibit unsolicited marketing where consent has been withdrawn.
4. Harassment and Harm
I am currently undergoing therapy related to gambling harm. Your decision to send inducements to a self-excluded individual is not only negligent but has caused real and documented distress. This significantly aggravates the seriousness of your conduct.
Formal Demands
I now require the following within 14 days of receipt of this letter:
A full written explanation of how my personal data remained active within your marketing systems after self-exclusion
Identification of the lawful basis relied upon for sending marketing communications post self-exclusion
Confirmation that my personal data has been permanently erased from all systems, including:
Marketing databases
CRM systems
Affiliate and third-party systems
A complete copy of all personal data held about me (Subject Access Request)
A full log of all communications sent to me after my self-exclusion
Disclosure of any third parties with whom my data has been shared
Confirmation that all such third parties have been instructed to erase my data
Appropriate financial compensation for distress, unlawful processing, and breach of duty
Notice of Escalation
If this matter is not resolved fully and satisfactorily, I will proceed without further notice to:
File a formal complaint with the Data Protection Commission for breaches of GDPR
Refer this matter to the Gambling Regulatory Authority of Ireland and any other relevant licensing authorities
Initiate legal proceedings seeking compensation for distress and damages arising from unlawful processing of my personal data
Publicly disclose my experience, supported by documentary evidence, across my social media platforms and other media channels
I have retained a complete evidential record of all correspondence, including my repeated requests for self-exclusion, your responses, and the subsequent marketing emails sent to me.
This letter constitutes formal notice and an opportunity for you to resolve this matter before regulatory and legal escalation.
No further contact of a marketing nature is permitted under any circumstances. Any additional communication of this kind will be treated as further evidence of unlawful conduct.
I expect your urgent and substantive response.
I am writing to issue a formal legal complaint regarding your continued processing of my personal data and your repeated marketing communications after I had clearly and unequivocally self-excluded from your platform.
As you are fully aware, I spent approximately four months requesting that my account be self-excluded. Your failure to act promptly resulted in significant distress and ultimately required you to compensate me. Despite this, and in direct contradiction of your obligations, I began receiving further promotional emails from your organisation approximately one month after my self-exclusion was finally implemented.
These emails included inducements to gamble, such as bonuses, financial offers, and invitations to return to your platform.
This conduct is a serious and actionable breach of your legal, regulatory, and ethical obligations.
1. Breach of Responsible Gambling Obligations
Self-exclusion is a fundamental consumer protection mechanism. Contacting a self-excluded individual with gambling promotions is a clear failure of your duty of care and a breach of responsible gambling standards expected of licensed operators.
2. Breach of Data Protection Law (GDPR)
Your actions constitute unlawful processing of my personal data under the General Data Protection Regulation.
Once I self-excluded and explicitly withdrew consent to be contacted, you no longer had any lawful basis to process my data for direct marketing purposes. Your continued communications amount to:
Processing without a lawful basis (Article 6)
Failure to respect withdrawal of consent (Article 7)
Unlawful direct marketing
Potential failure to implement appropriate technical and organisational safeguards (Article 24 & 25)
Furthermore, I am exercising my rights under GDPR, including:
Right of Access (Article 15)
Right to Erasure (Article 17)
Right to Restrict Processing (Article 18)
Right to Object to Processing (Article 21)
3. Breach of ePrivacy Rules on Direct Marketing
Your actions may also breach EU ePrivacy rules governing electronic marketing communications, which prohibit unsolicited marketing where consent has been withdrawn.
4. Harassment and Harm
I am currently undergoing therapy related to gambling harm. Your decision to send inducements to a self-excluded individual is not only negligent but has caused real and documented distress. This significantly aggravates the seriousness of your conduct.
Formal Demands
I now require the following within 14 days of receipt of this letter:
A full written explanation of how my personal data remained active within your marketing systems after self-exclusion
Identification of the lawful basis relied upon for sending marketing communications post self-exclusion
Confirmation that my personal data has been permanently erased from all systems, including:
Marketing databases
CRM systems
Affiliate and third-party systems
A complete copy of all personal data held about me (Subject Access Request)
A full log of all communications sent to me after my self-exclusion
Disclosure of any third parties with whom my data has been shared
Confirmation that all such third parties have been instructed to erase my data
Appropriate financial compensation for distress, unlawful processing, and breach of duty
Notice of Escalation
If this matter is not resolved fully and satisfactorily, I will proceed without further notice to:
File a formal complaint with the Data Protection Commission for breaches of GDPR
Refer this matter to the Gambling Regulatory Authority of Ireland and any other relevant licensing authorities
Initiate legal proceedings seeking compensation for distress and damages arising from unlawful processing of my personal data
Publicly disclose my experience, supported by documentary evidence, across my social media platforms and other media channels
I have retained a complete evidential record of all correspondence, including my repeated requests for self-exclusion, your responses, and the subsequent marketing emails sent to me.
This letter constitutes formal notice and an opportunity for you to resolve this matter before regulatory and legal escalation.
No further contact of a marketing nature is permitted under any circumstances. Any additional communication of this kind will be treated as further evidence of unlawful conduct.
I expect your urgent and substantive response.