Freistaat Sachsen โ€“ Court Ruling (Germany, 2020)

Court Ruling
DPA OVGBautzen11 November 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 court in Germany rejected a complaint against the Saxon Corona Protection Regulation, which restricted certain businesses from operating. The complaint argued that the regulation was unfair and violated privacy rules, but the court disagreed. This case shows that public health measures can override some business operations during emergencies.

What happened

The court rejected a complaint against the Saxon Corona Protection Regulation that restricted business operations.

Who was affected

A nail studio and cosmetics company affected by the Saxon Corona Protection Regulation.

What the authority found

The court found that the regulation did not violate GDPR or constitutional rights and was within the state's power.

Why this matters

This decision highlights that public health regulations can take precedence over business operations and privacy concerns during emergencies. Businesses should be prepared for such regulations during crises.

GDPR Articles Cited

Art. 5 GDPR
Art. 6(1)(c) GDPR
Art. 6(1)(e) GDPR
Art. 6(2) GDPR
Art. 6(3) GDPR
Decision AuthorityOVG Bautzen
Full Legal Summary
Detailed

With effect from 2 November 2020, the State Ministry of Social Affairs and Social Cohesion has ordered the defendant to adopt the Saxon Corona Protection Regulation. According to this regulation, it is prohibited to open and operate, with the exception of permitted online offers of, among others, establishments providing body-care services, with the exception of medically necessary treatment and hairdressers. The applicant runs a nail studio and cosmetics company, trades in cosmetic products and holds seminars. The applicant considered that the defendant's legislation was discriminatory, violated the Constitution and personal data protection regulations. Therefore, she lodged a complaint with the Court. Did the defendant have the power to pass the legislation in question, which interferes with the economic life and privacy of citizens? Has the regulation violated the rules of the GDPR, especially the principle of proportionality? The complaint was rejected.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Freistaat Sachsen in DE

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

Details

Ruling Date

11 November 2020

Authority

DPA OVGBautzen

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Freistaat Sachsen - Germany (2020). Retrieved from cookiefines.eu

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