Court case 4 U 760/19 – Court Ruling (Germany, 2019)

In that case, the Claimant brought an action against the deletion of a video from the 1970s that he shared in a social network where the word "negro" appeared several times. He also complained about having his account limited to "read only" mode for a few days (the exact duration is disputed between the parties). With regard to Article 99(2) GDPR, the Court already expressed doubts as to whether Article 82 GDPR is applicable to the deletion/blocking that took place in March/April 2018, as this regarded a past and completed situation. However, this point could be left open as for the Court, the video deletion and temporary account blocking was lawful under Article 6(1)(a) GDPR in connection with the terms of use of the network. In any event, the Claimant did not suffer any non-material damages pursuant to Artcile 82(1) GDPR. Not every perceived discomfort without serious impairment of an individual's self-image or reputation may constitute such damage. Recital 146 to the GDPR, referring to "full and effective compensation", does not alter this finding. Otherwise, an almost "unconditional" right to non-material compensation would arise under data protection law.