Deutsche Wohnen SE – Court Ruling (Germany, 2021)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
The Berlin data protection authority fined Deutsche Wohnen for not properly deleting old tenant data. However, a court ruled that the fine was not valid because a company itself cannot be fined, only individuals can be held responsible. This ruling emphasizes the need for clear accountability in data protection laws.
What happened
Deutsche Wohnen SE was fined for failing to delete outdated personal data of tenants.
Who was affected
Tenants whose personal data was not deleted as required by data protection laws.
What the authority found
The court held that the fine notice was invalid because it did not identify a specific individual responsible for the violations.
Why this matters
This case underscores the importance of clearly defining accountability in data protection enforcement. Companies should ensure that their data practices comply with regulations and that there are clear responsibilities for data management.
GDPR Articles Cited
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National Law Articles
The DPA of Berlin fined Deutsche Wohnen SE for violating Article 5(1)(c) and Article 5(1)(e) GDPR, because the DPA found that the company did not delete old data of tenants in a sufficient way. Deutsche Wohnen SE processed personal data like proof of identity, work, salary and creditworthiness, as well as data about health insurance, social insurance and tax within the framework of business activities. The Deutsche Wohnen SE did not agree with the DPA's decision and brought the action before court. The Court held that the fine notice was not valid. The fine notice was enacted against the Deutsche Wohnen SE as a legal entity under private law which is represented by its management. The Court, however, found that a legal entity can't be the subject of a fine procedure. According to the Court, only a natural person could commit an administrative offence in a reproachable way, while the legal entity just could be a secondary party, to which the actions of its representatives or board members are attributable. The DPA, on the contrary, held the opinion that a legal entity and a natural person can be treated in the same way in Administrative Offences Law. Furthermore, the fine notice did not mention the board member who committed or omitted the relevant action by name, nor contained it information about time and scene of the administrative offence or on what the reproach is supported. Therefore, the fine notice also cannot be reinterpreted into a separate decision according to § 30 (4) OWiG without having to adjust the fine procedure.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (3)
Other cases involving Deutsche Wohnen SE in DE
Court Ruling
Details
About this data
Cite as: Cookie Fines. Deutsche Wohnen SE - Germany (2021). Retrieved from cookiefines.eu
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