Court case 1 A 217/22 MD – Court Ruling (Germany, 2024)
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.
A court ruled that a web portal operator must stop using personal data for advertising after complaints about unwanted calls. This decision is important because it reinforces the need for companies to respect user preferences regarding contact.
What happened
The court ordered the web portal operator to cease processing personal data for advertising purposes after complaints from users.
Who was affected
Individuals who received unwanted calls from the web portal operator were affected.
What the authority found
The court found that the operator's practices violated GDPR by not respecting users' wishes to not be contacted.
Why this matters
This ruling emphasizes the importance of respecting user consent and preferences in marketing practices, which is crucial for all businesses.
GDPR Articles Cited
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National Law Articles
The controller runs a web portal that connects operators of holiday homes to potential guests by allowing the operators to place ads on the portal. To acquire new operators to present their holiday homes the controller advertises their service via phone. They were using the services of a call centre in Kosovo for this purpose. Call centre staff members would search for phone numbers of landlords and operators of hotels and holiday homes and called them. They presented the portal to them and tried to close a contract about a cost free test entry or a “premium entry” on the portal. During the call, the call centre staff asked for data related to the customer and their accommodation. Subsequently, the controller provided the new client with information and a confirmation via e-mail. Persons who said they did not want to be contacted anymore were blacklisted. Following 20 data protection complaints, the Saxony-Anhalt DPA (Landesbeauftragter für den Datenschutz Sachsen-Anhalt) got to know about the business practices of the controller and, in particular, that a client will receive more calls after opting for the cost-free test ad on the portal. The DPA then conducted an official hearing of the controller. After the hearing, the Saxony-Anhalt DPA ordered the controller under Article 58(2)(f) GDPR to refrain from the processing of phone numbers and other personal data for the purpose of advertisement if these phone numbers are related to an identifiable natural person. This order included an exception for cases in which the person had either consented to the processing of their data or concrete facts indicate that the person had a factual interest in an advertisement entry on the controller’s page and is awaiting the call or at least would react positively to the call. Furthermore, it ordered the controller under Article 58(2)(g) GDPR to delete all personal data that could not be processed anymore under the aforementioned order. In addition, the DPA ordered the controll
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 1 A 217/22 MD in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 1 A 217/22 MD - Germany (2024). Retrieved from cookiefines.eu
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