Bisnode – Court Ruling (Poland, 2019)

Court Ruling
Urząd Ochrony Danych Osobowych11 December 2019Poland
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 Polish court ruled that Bisnode must inform individuals when it collects their data from public registers. The court decided that high costs don't exempt companies from this obligation. This decision stresses the importance of transparency in data collection practices.

What happened

Bisnode was required to notify individuals when collecting their data from public registers, despite the cost of doing so.

Who was affected

Individuals whose data was obtained from public registers like the National Court Register and used by Bisnode.

What the authority found

The court ruled that Bisnode must fulfill its obligation to inform individuals about data collection, regardless of cost.

Why this matters

This case highlights the importance of transparency in data practices, reminding businesses that cost is not a valid excuse for failing to inform individuals about data collection. It serves as a warning to companies relying on public data sources to ensure compliance with GDPR notification requirements.

GDPR Articles Cited

Art. 14(1) GDPR
Art. 14(2) GDPR
Art. 14(5)(b) GDPR
Decision AuthorityWSA Warsaw
Reviewed AuthorityUODO (Poland)
Full Legal Summary
Detailed

"The entrepreneur conducting business activity consisting in obtaining information, including personal data of persons conducting business activity, from publicly available public registers [e.g. the National Court Register (KRS), the Central Registration and Information on Business (CEIDG), the Registry of National Economy (REGON)] and in analysing, interpreting and subsequently making this information available to interested customers, must comply with the information obligation in relation to those persons referred to in Article 14 of the General Data Protection Regulation (GDPR) by providing information directly to the data subject, as is apparent from the judgment of the Voivodeship Administrative Court in Warsaw of 11 December 2019 (ref. no.: II SA/Wa 1030/19). Moreover, according to the Voivodeship Administrative Court, the possible high cost of sending this information by post does not constitute a basis for the exemption from the information obligation. This concerns a case in which the President of the Personal Data Protection Office ordered by way of an administrative decision to fulfill the information obligation and imposed on the company an administrative fine in the amount of more than PLN 943 000 (for more information on this issue see: https://uodo.gov.pl/pl/138/786). Let us recall that the company was penalised in connection with a breach of the information obligation (Article 14 (1-3) of the General Data Protection Regulation), consisting in failure to provide the information contained in Article 14(1) GDPR and Article 14(2) GDPR to all natural persons whose personal data are processed by the company who are currently or were in the past sole traders, as well as to natural persons who have suspended their activity as sole traders. The company appealed to the Voivodeship Administrative Court against that decision. It argued, inter alia, that it was not under the information obligation resulting from Article 14 of the GDPR. The entity considered tha

Outcome

Court Ruling

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

Details

Ruling Date

11 December 2019

Authority

Urząd Ochrony Danych Osobowych

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Bisnode - Poland (2019). Retrieved from cookiefines.eu

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