Court case 12 K 213/19 – Court Ruling (Germany, 2020)
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 German court ruled that GDPR does not apply to personal data requests related to non-harmonized taxes like income tax. This decision clarifies that GDPR's reach is limited in certain tax matters, affecting how individuals can request data from tax authorities.
What happened
The court decided GDPR doesn't apply to personal data requests for non-harmonized taxes.
Who was affected
Individuals requesting access to their personal data processed by tax authorities for non-harmonized taxes.
What the authority found
The court ruled that GDPR does not cover personal data processing related to non-harmonized taxes, like income tax, due to lack of EU-wide harmonization.
Why this matters
This ruling clarifies GDPR's limitations in tax-related data requests, indicating that national laws may govern such areas. Businesses and individuals should understand the scope of GDPR when dealing with tax authorities.
GDPR Articles Cited
The plaintiffs claimed the right to inspect files in accordance with Article 15 (1) GDPR. They argued that the scope of application of the GDPR is not excluded according to Article 2 (2) because the GDPR should be applicable to all types of tax in favor of those affected. The Court had to assess whether the GDPR is applicable to a access request concerning personal data processed by the tax authority. According to Article 2 (2)(a) GDPR the regulation does not apply to the processing of personal data as part of an activity that does not fall within the scope of Union law. Therefore, the court ruled that the provisions of the GDPR in the area of tax law are only applicable to harmonized taxes, such as VAT, but not in the area of income taxation of natural persons. In this respect, there is no corresponding harmonization in the area of the European Union. The court explained further that the national legislature has not extended the material scope of application of the standard of Article 2 GDPR to the area of non-harmonized taxes. Accordingly, the Court denied the requested access according to Article 15 GDPR.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 12 K 213/19 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 12 K 213/19 - Germany (2020). Retrieved from cookiefines.eu
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