Amazon must pay a fine of two million for demanding a certificate of absence of criminals from its distributors


The Spanish Agency for Data Protection (AEPD) has fined Amazon Road Transport Spain, a subsidiary of the electronic commerce giant Amazon, for requiring a certificate of absence of criminal offenses to work as delivery people, which it considers a very serious infraction.

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Specifically, UGT denounced Amazon before the AEPD in November 2019, for violating the privacy of the delivery men who were required to have a certificate of absence of criminal charges in order to start the activity as a delivery man in the Amazon Flex model.

In his complaint he showed that, among the documentation required by Amazon Flex to start working as a delivery man, was the criminal certificate, as a condition to access the job, as reported by the union on Tuesday.

UGT has indicated that the Amazon Flex labor model was sanctioned by the Labor Inspectorate in October 2020 for having false self-employed workers under its distribution system after a complaint also filed by the union that led to the ex officio discharge of more than 4,000 delivery men. and an economic fine of 6.2 million euros.

Now, as UGT explains, this company is condemned for violating the privacy of these people who, if they were already forced to work as false self-employed, also had to certify that they did not have a criminal record, "extremely personal" information that can only be requested when companies are legally empowered to do so and in the case of certain types of work such as child care.

The AEPD has described this offense as something very serious and has taken into account the duration of the absence, that the number of people affected is very high, the level of damage caused to people, who have not been able to access work and, to those who have accessed, the risk to their privacy to which they have been exposed.

Likewise, it considers that "the negligence appreciated in the commission of the infraction, taking into account that the requirements demanded by the entity claimed from the carriers go beyond what is required by the regulations governing the transport of goods".

UGT, which has celebrated this "pioneering" sentence, has assured that it will continue working for the fulfillment of rights, also on those of a personal nature, and ensuring that digitization is not used "as an excuse to break the rules" and that the digital platforms "do not oblige to provide data to accumulate, process and even work with them".



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