- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
unknown (Austrian Credit Agency) – Court Ruling (Austria, 2019)
Privacy enforcement record
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A court ruled that an Austrian credit agency processed incorrect data about a person, which led to a denied loan. This is important because it shows that companies can be held responsible for the accuracy of the data they manage, affecting people's financial opportunities.
What happened
The credit agency processed incorrect data on a person, causing them to be denied a loan.
Who was affected
The individual who was denied a loan due to incorrect data processed by the credit agency.
What the authority found
The court decided that the credit agency did not shift the burden of proof to the injured party regarding the damages caused by the incorrect data.
Why this matters
This ruling clarifies the responsibilities of companies in ensuring data accuracy. It emphasizes that individuals must prove damages, which can be challenging, highlighting the need for accurate data management.
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Automated check recorded — 19 March 2026.
Processing notes: authority corrected.
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The defendant, a credit agency had processed incorrect data on the plaintiff, who was denied a loan for a real estate purchase due to this entry and later had to enter into another loan agreement. The plaintiff sued the defendant for damages of EUR 8,271.67 and further requested a declaration that the defendant is liable for future damages. The first instance court (Landesgericht Feldkirch) awarded damages of EUR 2,000 to the plaintiff but rejected the further claims. The plaintiff appealed against this rejection, but it was upheld by the second instance court (OLG Innsbruck). The OLG Innsbruck admitted the plaintiff’s further appeal as there was no case law by the Austrian Supreme Court on the distribution of the burden of proof for damages under Article 82 GDPR. Does Article 82 GDPR put the burden of proof for damages that result from a data protection violation regarding *occurrence and amount of a damage, *causality and *unlawfulness on the injured party (data subject) or on the injuring party (controller/processor)? The OGH held, that Article 82 GDPR does not stipulate a reversal of the burden of proof from the injured party to the injuring party regarding occurrence and amount of a damage, causality or unlawfulness of the data processing. It is up to the injured party - the plaintiff - to prove all facts giving rise to liability. Only when it comes to the culpability, the burden of proof is shifted to the injured party (Article 82(3) GDPR) In the case at hand, the plaintiff did not proof any damages beyond the awarded EUR 2,000 and was further not able to proof the causality. Hence, the OGH upheld the judgment of the OLG Innsbruck.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for unknown (Austrian Credit Agency) in AT
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. unknown (Austrian Credit Agency) - Austria (2019). Retrieved from cookiefines.eu
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