Court case 18 U 5493/19 Pre – Court Ruling (Germany, 2020)

Court Ruling
DPA LGIngolstadt8 December 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 Facebook can require users to use their real names on its platform. This decision came after a user was blocked for using a pseudonym and sued Facebook to reactivate her account. The court decided that Facebook's policy helps prevent illegal activities by its users.

What happened

Facebook blocked a user's account for using a pseudonym instead of her real name, which led to a court case.

Who was affected

The case affected a Facebook user who created an account under a pseudonym.

What the authority found

The court decided that Facebook can require users to use their real names to prevent unlawful behavior.

Why this matters

This ruling supports social media platforms' ability to enforce real-name policies to curb misuse. Website operators should consider how their user policies align with legal standards for identity verification.

GDPR Articles Cited

National Law Articles

§ 307 (1) BGB
§ 307 (2) BGB
§ 307 (3) BGB
§ 3 (2) TMG
§ 13 (4) TMG
Decision AuthorityOLG München
Reviewed AuthorityLG Ingolstadt (Germany)
Full Legal Summary
Detailed

The plaintiff's was a user account on the Facebook platform. She created her user account under a pseudonym. Facebook blocked her user account after the plaintiff had not complied with the defendant's request to change her profile name for a clear name. The plaintiff asserted claims against the defendant for the activation of her user account created under the pseudonym, as well as claims for damages and pre-judicial lawyer's fees. The Regional Court in Ingolstadt granted the action only with regard to the activation of the plaintiff's user account plus pro rata pre-judicial lawyer's fees and otherwise dismissed the action. Both parties filed an appeal against this judgement. Was it legitimate for the operator of the social network platform to ask for the user's clear name? On appeal by the defendant, the Higher Regional Court amended the final judgment of the Regional Court of Ingolstadt of 13 September 2019, Case No. 31 O 227/18, to the effect that the action was dismissed in its entirety. The Higher Regional Court dismissed the plaintiff's appeal. The Higher Regional Court in Munich held that the operator of a social network is entitled, in order to prevent unlawful conduct by its users, to require the use of clear names and to block the user account in the event of violations of this obligation.

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case 18 U 5493/19 Pre in DE

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

Details

Ruling Date

8 December 2020

Authority

DPA LGIngolstadt

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Court case 18 U 5493/19 Pre - Germany (2020). Retrieved from cookiefines.eu

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