Αnonymous – Court Ruling (Germany, 2020)

Court Ruling
DPA LGFrankfurt19 February 2020Germany
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 German court ruled that a lawyer's request to stop sharing his personal data with the Bar Association was unfounded. The court stated that sharing such data is allowed under German law for certain legal purposes. This case clarifies that professional bodies can share personal data within legal frameworks without violating GDPR.

What happened

The court ruled against a lawyer's request to prevent his personal data from being shared with the Bar Association.

Who was affected

A lawyer whose personal data was shared with the Bar Association.

What the authority found

The court decided that sharing personal data with the Bar Association is legally permitted under German law.

Why this matters

This decision clarifies that professional bodies can share personal data under specific legal conditions, reinforcing the need for legal compliance in data sharing practices.

GDPR Articles Cited

Art. 6(1)(e) GDPR
Art. 79 GDPR
Decision AuthorityOLG Frankfurt
Reviewed AuthorityLG Frankfurt (Germany)
Full Legal Summary
Detailed

The parties are lawyers; they are engaged in expedited proceedings for injunctive relief under unfair competition law. On 29 October 2019, the defendant addressed a letter to the Board of Directors of the Bar Association of city 1 , enclosing copies of several writs of the applicant and pointing out the suspected unethical conduct. In order to defend himself against this action, the applicant has now submitted a motion to refrain from submitting his personal data to the Bar Association. In January 2020, the regional court did not grant the application, also on the grounds that there could be no violation of the GDPR for the simple reason that the members of the bar association are bound to secrecy. This circumstance is now the subject of the present appeal. The court ruled that the appeal was unsuccessful. On the one hand, courts are authorised and, also obliged to communicate personal data ex officio to public bodies for purposes other than those of the proceedings for which the data were collected; Section 25 German Data Protection Act forms the legal basis for this. This also includes requests for arrest as well as - on an equal footing with them - also requests for injunctions as a duty to notify the competent bar association. Article 6(1)(f) GDPR does not permit such transmissions pursuant to Article 6(4) conjunction with Article 23(1) GDPR. Furthermore, the court ruled that request for an injunction is also unfounded, as there is no right to an injunction. The Regional Court had rightly rejected a claim for injunction under Section 3a of the Unfair Competition Act in conjunction with Article 79(1) GDPR. It remains to be seen whether infringements of the GDPR can be asserted by competitors at all, or whether the GDPR does not, rather, conclusively regulate the legal consequences of infringements. In any case, there is no business act within the meaning of § 2 I No. 1 Unfair Competition Act. A claim for injunction by the applicant as a competitor directl

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Αnonymous in DE

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

Details

Ruling Date

19 February 2020

Authority

DPA LGFrankfurt

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Αnonymous - Germany (2020). Retrieved from cookiefines.eu

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