Adpublisher AG – Court Ruling (European Union, 2020)

Court Ruling
DPA10 December 2020European Union
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.

The EFTA Court addressed a case involving Adpublisher AG, which was accused of not properly handling user complaints about data privacy. The court examined whether complaints could be made without revealing the complainant's identity. This ruling is important as it clarifies the rights of users when filing complaints about data protection.

What happened

The court considered whether the identity of a complainant must be disclosed in data protection complaint procedures.

Who was affected

Users who filed complaints against Adpublisher AG regarding data privacy violations.

What the authority found

The court held that complainants can remain anonymous in certain circumstances during data protection complaint procedures.

Why this matters

This ruling reinforces user privacy rights in complaint processes, encouraging more individuals to report data violations without fear of exposure.

GDPR Articles Cited
Automatically processed
Art. 5 GDPR
Art. 6 GDPR
Art. 7 GDPR
Art. 15 GDPR
Art. 32 GDPR
Art. 77 GDPR
Art. 78(1) GDPR
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Art. 57(3) GDPR
Art. 58(2)(e) GDPR
Art. 58(2)(j) GDPR
Art. 58(2)(g) GDPR
Art. 58(2)(c) GDPR
Art. 77(GDPR)
Art. 78(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

Decision AuthorityEFTA Court
Reviewed AuthorityDPA of the Principality of Liechtenstein

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Processing notes: articles corrected, authority corrected.

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Full Legal Summary
Detailed

By a letter of 18 December 2019, registered at the Court as Case E-11/19, the Board of Appeal for Administrative Matters (BoA) made a request (in the context of appeals against decisions of the DPA of the Principality of Liechtenstein). The BoA requested for an advisory opinion in a case pending before the DPA between Adpublisher AG (a public limited company of Liechtenstein) and "J" for alleged infringement of Articles 5, 6 and 15 GDPR. The DPA upheld J’s complaint concerning the infringement of Articles 5 and 6 GDPR. Further, on its own volition, the DPA determined that there had been an infringement of Articles 7, 15 and 32 GDPR. By a separate letter of 18 December 2019, registered at the Court as Case E-12/19, the BoA made a request for an advisory opinion in a case pending before it between Adpublisher AG and "K" (for alleged infringement of Article 15 GDPR). The DPA upheld K’s complaint in part and determined that there had been an infringement of Article 15 GDPR. Adpublisher challenged both decisions before the BoA and requested that both decisions be set aside. The Court decided, pursuant to Article 39 of the Rules of Procedure, to join the cases for the purpose of the procedure and the final judgment. The questions examined by the court are referring to the general procedure of hearing a complaint under the GDPR and further national appellate proceedings. The first question by the referring body, is whether the proceedings under article 77 and 78(1) GDPR may be carried out without disclosing the identity of a complainant, and whether any grounds must be provided for non disclosing the identity of the complainant. The second question set by the referring body, is whether the free of charge nature of the complaint procedure under article 77 GDPR extends to subsequent proceedings before appellate bodies, or has an impact on the liability of the data subject to be ordered to pay costs. As per the first question examined, the court the Court held that disc

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Adpublisher AG in EU

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

Details

Ruling Date

10 December 2020

Authority

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Adpublisher AG - European Union (2020). Retrieved from cookiefines.eu

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