Court case 6 C 3.23 โ€“ Court Ruling (Germany, 2025)

Court Ruling
DPA OVGSaarlouis29 January 2025Germany
final
Court Ruling

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 dental gold purchasing company in Germany was ordered to stop collecting personal data from dental practices for advertising without consent. The court upheld the decision after the company argued its actions were lawful. This case serves as a reminder that businesses need permission to use personal data for marketing.

What happened

The company collected personal data from dental practices to contact them for advertising purposes without obtaining consent.

Who was affected

Dental practice owners were affected as their personal information was collected and used without their agreement.

What the authority found

The court confirmed that the company must cease data collection and delete the information unless it has consent or an existing business relationship.

Why this matters

This case reinforces the need for businesses to obtain consent before using personal data for marketing. It highlights the legal risks of using personal information without permission.

GDPR Articles Cited
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Art. 6(1)(f) GDPR
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Art. 6(1)(f) GDPR

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Decision AuthorityBVerwG
Reviewed AuthorityOVG Saarlouis (Germany)

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Secondary-source text retrieved.

Automated check recorded โ€” 14 April 2026.

Processing notes: articles corrected, national law identified, authority corrected.

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Full Legal Summary
Detailed

The controller purchases dental gold from dental practices. To do so, it collects the practice owner's first and last name, as well as the practice address and telephone number, from publicly accessible directories, such as the Yellow Pages. The controller uses the contact details stored in a database to contact the dental practices by telephone with the aim of determining whether the parties contacted are interested in selling precious metals to the controller. Following a dentist's report, the DPA ordered the controller to cease the collection, processing, and use of personal data of dental practice owners for the purpose of telephone advertising unless the data subject has given their consent or a business relationship with the data subject already exists. Furthermore, the DPA ordered the deletion of the data collected and stored for this purpose and instructed the controller to implement the ordered measures within two weeks of the order becoming final and to notify the DPA thereof. The controller applied to the DPA for annulment of the decision. As grounds, it essentially argued that her conduct was lawful under the GDPR, which had since entered into force, so that a new issuance of the order would not be possible. The DPA rejected the application, essentially stating that the legal situation had not changed in the controller's favor. The Administrative Court dismissed the controller's action seeking an order requiring the DPA to annul its decision. The Higher Administrative Court held that in the absence of consent under Article 6(1)(a) GDPR, the admissibility of the controller's data processing for direct marketing purposes now depends on the applicability of Article 6(1)(f) GDPR, which requires a comprehensive proportionality assessment and a balancing of the conflicting interests of the advertiser, on the one hand, and the recipient of the advertising, on the other. However, the requirements of Article 6(1)(f) GDPR are not met because the telephone adver

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Court case 6 C 3.23 in DE

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

29 January 2025

Authority

DPA OVGSaarlouis

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Cite as: Cookie Fines. Court case 6 C 3.23 - Germany (2025). Retrieved from cookiefines.eu

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