- Enforcing jurisdiction
- Germany · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Data Subject versus Telecommunications Company – Court Ruling (Germany, 2025)
Privacy enforcement record
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A court ruled that a telecommunications company did not unlawfully share a customer's positive contract data with a credit agency. The customer claimed this caused him emotional distress and affected his credit application. The court found that the company had a valid reason for sharing the information.
What happened
The telecommunications company reported a customer's positive contract data to a credit agency without the customer's consent.
Who was affected
The customer who entered into a mobile phone contract and later discovered the data shared with the credit agency.
What the authority found
The court decided that the company had a valid legal basis for sharing the data, as it was necessary for credit risk assessment.
Why this matters
This ruling highlights the importance of understanding when companies can share personal data without consent. It shows that courts may support companies if they can justify the data sharing for legitimate purposes.
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In March 2020, the data subject concluded a postpaid mobile phone contract with a telecommunications provider (controller). The following day, the controller reported the existence and terms of the contract, including its type, duration, and the parties involved (positive data) to SCHUFA, a credit information agency. It did not report any payment default information (negative data). The data subject was informed about this practice in the contractual documentation. On October 2023, the data subject became aware of the entry, following an access request to SCHUFA under Article 15 GDPR. The data subject brought a case before the court of first instance (Regional Court Nürnberg-Fürth-LG Nürnberg-Fürth) claiming that the transfer of his positive data was unlawful because he never provided his consent. Furthermore, the unlawful transmission of his data to SCHUFA caused him emotional distress, reputational concern, anxiety and a loss of control over his personal data. He also referred to an earlier rejection of a credit application for a television purchase (valued at approximately €800) and argued that the SCHUFA entry had contributed to this outcome. The data subject sought: # compensation for material and immaterial damages under Article 82 GDPR; # a cease-and-desist order against further transmissions without consent; # a declaration of liability for potential future damages. The controller defended that the processing was lawful, arguing that the data was limited to positive contractual information, that the transmission was necessary for fraud prevention and credit risk assessment in mass-market telecommunications services, and that Article 6(1)(f) GDPR provided a valid legal basis. The court of first instance dismissed the action as unfounded stating that the data subject had no claim against the controller for the damages sought under Article 82(1) GDPR, as he had not been able to prove to the court's satisfaction that he had suffered material or non-material da
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (1)
Other cases involving Data Subject versus Telecommunications Company in DE
Details
Ruling Date
17 July 2025
Authority
DPA LGNrnberg-Frth
About this data
Cite as: Cookie Fines. Data Subject versus Telecommunications Company - Germany (2025). Retrieved from cookiefines.eu
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