Data Subject versus Social Media Platform Operator – 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 court ruled against a user who wanted his personal data erased from a social media platform. The user claimed the platform was processing his data improperly, but the court found his requests were not valid under the contract. This case emphasizes the need for clear user agreements regarding data processing.
What happened
The Regional Court of Munich II dismissed a user's claims for data erasure and damages against a social media platform.
Who was affected
The user who had been using the social media platform since 2013 and sought to stop the processing of his data.
What the authority found
The court decided that the user's claims for erasure and damages were inadmissible and did not comply with the contract terms.
Why this matters
This case highlights the importance of clear contracts between users and service providers. Website operators should ensure their terms are transparent to avoid similar disputes.
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Automated check recorded — 27 July 2026.
Processing notes: articles corrected, authority corrected.
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The data subject had used a social media platform operated by the controller, an Irish company, since 2013. The controller provided “Business Tools” to third-party website operators and app providers. These tools enabled the controller to obtain data concerning how users interacted with third-party websites and apps, including information about page visits, purchases and advertisements clicked. In November 2023, the data subject requested that the controller recognize that the processing of his personal data was contrary to the parties’ contract, erase or anonymize the personal data, provide access to the personal data and pay compensation. The data subject subsequently brought an action before the Regional Court of Munich II, seeking a declaration that the parties’ user contract did not permit the processing, cessation of the processing of personal data collected through the Business Tools on third-party websites and apps, restriction of further processing, erasure or anonymization of previously collected data and at least €5,000 in non-material damages. The relevant data included direct and indirect identifiers, such as his name, contact details, IP address and internal identifiers, as well as website URLs, visit times, app names and information about his interactions with websites and apps. The Regional Court of Munich II dismissed the action, holding that the declaratory and erasure or anonymization claims were inadmissible, the cessation claims were legally unavailable and the damages claim had not been sufficiently substantiated. In relation to the damages claim, it found that the data subject had not identified specific third-party websites or apps through which his personal data had been processed. The data subject accordingly appealed to the Higher Regional Court of Munich. The Higher Regional Court of Munich partially upheld the appeal. First, the court held that the Controller processed the data subject’s personal data under Articles 4(1) and 4(2) GD
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (1)
Other cases involving Data Subject versus Social Media Platform Operator in DE
Details
About this data
Cite as: Cookie Fines. Data Subject versus Social Media Platform Operator - Germany (2026). Retrieved from cookiefines.eu
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