Doctor versus Online Review Platform – Court Ruling (Germany, 2026)
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 German court dismissed a doctor's request to remove a notice from an online review platform about reviews being taken down. The court ruled that the notice was accurate and served transparency purposes. This case highlights the balance between personal privacy and the right to inform the public about review moderation.
What happened
A doctor sought to remove a notice about reviews of his practice that had been removed from an online platform.
Who was affected
The doctor whose reviews were moderated and the notice was about.
What the authority found
The court found that the notice was lawful and necessary for transparency regarding the platform's review process.
Why this matters
This ruling illustrates the challenges individuals face in protecting their privacy while also considering the public's right to know about review practices, impacting how online platforms handle user reviews.
GDPR Articles Cited
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The data subject, a doctor, sought an injunction against the Controller, the operator of an online review platform, requiring the removal of, and prohibiting the future publication of, a notice stating that between six and ten reviews concerning his medical practice had been removed during the previous year following complaints relating to defamation under German law. The Regional Court of Cologne dismissed the application, following which the data subject lodged an immediate appeal before the Higher Regional Court of Cologne. The data subject argued that the notice was inaccurate because the reviews had been challenged on the basis that no genuine patient relationship existed, rather than on the ground of defamation. He submitted that the notice therefore created the false impression that he had complained of defamatory reviews, rendering the processing of his personal data unlawful. The Controller argued that complaints alleging the absence of a genuine customer or patient relationship fell within its internal category of complaints concerning defamation under German law and that publishing the number of removed reviews promoted transparency regarding its review moderation process. The court held that where a data subject seeks not only the erasure of personal data but also an injunction preventing its future publication, Article 17(1) GDPR provides a basis for both forms of relief. It further held that the journalistic exemption under Article 85(2) GDPR did not apply because the Controller's review platform, including the automated notices relating to removed reviews, did not process data for journalistic purposes. The court also held that the displayed number of removed reviews constituted personal data within the meaning of Article 4(1) GDPR because it related to an identified natural person. By storing and disclosing that information, the Controller processed personal data within the meaning of Article 4(2) GDPR. In assessing the accuracy of the notice under
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Doctor versus Online Review Platform in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Doctor versus Online Review Platform - Germany (2026). Retrieved from cookiefines.eu
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