The European Court of Justice (ECJ) has ruled on whether fines for violations of the General Data Protection Regulation (GDPR) should be based on the turnover of the specific company involved or the entire corporate group. Until now, it was unclear whether only the turnover of the individual entity responsible for the violation should be … Read more
The Higher Regional Court (OLG) of Dresden addressed whether a claim for damages under Article 82 of the GDPR exists if the affected email address was already part of a previous data breach. What was the case about? The plaintiff sought damages due to a data breach in June 2020 in which her email address … Read more
The Higher Regional Court (OLG) of Düsseldorf has ruled in a recent decision (OLG Düsseldorf, Decision of 02.12.2024 – Case No. 16 W 93/23) that a request for information under Article 15 of the General Data Protection Regulation (GDPR) cannot be denied simply because a company fears that the affected person might use the obtained … Read more
GDPR Compensation and Injunctive Claims Expire After Three Years The Regional Court of Duisburg (LG Duisburg) ruled on November 8, 2024 (Case No.: 2 O 31/24) that claims for damages under the General Data Protection Regulation (GDPR) are subject to the standard limitation period and therefore expire after three years. This decision clarifies the limitation … Read more
On November 28, 2024 (Case C-169/23), the European Court of Justice (ECJ) issued a landmark ruling on the information obligation under the General Data Protection Regulation (GDPR). The decision clarifies the scope of the information obligation for personal data not collected directly from individuals. The court expanded the exceptions under Article 14 GDPR: These now … Read more
The Hamburg Regional Labor Court (LAG) ruled on June 11, 2024 (Case No.: 3 SLa 2/24) that claims under the General Data Protection Regulation (GDPR), such as access or compensation claims, can be restricted by contractual exclusion periods in employment contracts. This decision is particularly relevant for employers, as it allows them to set time … Read more
On September 13, 2024 (Case W298 2274626-1/8E), the Austrian Federal Administrative Court (BVerwG) ruled that Google reCAPTCHA may only be used on websites with explicit user consent. The court determined that reCAPTCHA is not a technically necessary tool and is not covered by a legitimate interest of website operators. This decision significantly impacts the use … Read more
The French data protection authority CNIL announced in a recent press release that a fine of €50 million has been imposed on the telecommunications provider ORANGE. The penalty was issued due to unauthorized inbox advertising and reading of cookies despite users withdrawing consent. This decision highlights the strict stance of data protection authorities against companies … Read more
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