Franz A – Dismissed (Austria, 2021)
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.
Franz A's online search platform was cleared of wrongdoing after a shareholder complained about his name being published without consent. The Austrian data authority found no violation of data protection rules. This case highlights the importance of understanding how personal data can be shared in public databases.
What happened
Franz A published a shareholder's name and role on its search platform without a direct relationship or consent from the individual.
Who was affected
The shareholder and managing director whose name and business connections were displayed on the platform.
What the authority found
The Austrian data authority determined that there was no violation of data protection rules in this case.
Why this matters
This decision shows that companies can share certain business information without consent if it's sourced legally. However, businesses should still be cautious about how they handle personal data.
GDPR Articles Cited
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National Law Articles
Entities Involved
The data subject was a shareholder and managing director of two companies. The controller operated a free online search platform that allowed users to look up companies registered in the Austrian companies register and see, for a given company, which natural persons held positions such as shareholder or managing director, as well as an overlay showing what other companies those persons were connected to. The controller obtained the underlying data from a commercial information provider, which in turn sourced it from the Federal Ministry of Justice under a data-reuse agreement covering companies register documents. The controller funded the free service through advertising displayed on the platform. The data subject had no contractual relationship with the controller. A direct name search for the data subject on the controller's platform returned no results, however, searching for a company in which he held a position returned his name together with his role (managing director, sole shareholder with a 100% stake) and through an „i“ icon, an overlay listing his positions in other companies. The data subject complained to the Austrian DPA, arguing that the controller published his name without any contract between them and without any identifiable legitimate interest justifying the publication. The controller argued that its processing pursued a legitimate commercial interest, enabling business participants to research potential contractual partners and pointed out that companies register data was already public and accessible to anyone under national law, including via other commercial and official information services. First, the DPA rejected the controller's argument that the data was already available and therefore outside the scope of a secrecy interest altogether. It held, citing CJEU case-law C-73/07, that a blanket assumption that lawfully published data cannot be subject to a legitimate secrecy interest is incompatible with EU law requirements. Second, the
Outcome
Dismissed
The complaint or investigation was dismissed.
Related Enforcement Actions (0)
No other enforcement actions found for Franz A in AT
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Franz A - Austria (2021). Retrieved from cookiefines.eu
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