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Germany · Geography does not establish applicable law.
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Freistaat Sachsen – Court Ruling (Germany, 2020)

Court Ruling
DPA OVGBautzen11 November 2020Germany
final
Court Ruling

Privacy enforcement record

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A court ruled that the State Ministry of Social Affairs and Social Cohesion in Germany could enforce a regulation that restricts certain businesses during the pandemic. The applicant, who runs a nail studio, claimed this regulation was unfair and violated personal data protection rules, but the court rejected her complaint.

What happened

The court upheld the regulation that limits the operation of body-care service establishments during the pandemic.

Who was affected

The applicant, who operates a nail studio and cosmetics company, was affected by the regulation.

What the authority found

The court decided that the State Ministry had the authority to implement the regulation, which did not violate data protection rules.

Why this matters

This case shows that courts can support government measures during health crises, even if they impact businesses. Small business owners should stay informed about regulations that may affect their operations.

Recorded legal citations
Automatically processed
Art. 5 GDPR
Art. 6(1)(c) GDPR
Art. 6(1)(e) GDPR
Art. 6(2) GDPR
Art. 6(3) GDPR
View original scraped data
Art. 5(GDPR)
Art. 6(1)(c) GDPR
Art. 6(1)(e) GDPR
Art. 6(2) GDPR
Art. 6(3) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

Decision AuthorityOVG Bautzen

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Processing notes: articles corrected, national law identified, authority corrected.

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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
Automatically normalized and classified

Cite as: Cookie Fines. Freistaat Sachsen - Germany (2020). Retrieved from cookiefines.eu

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