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Germany · Geography does not establish applicable law.
Confirmed applicable legislation

Data protection authority of Saarland (defendant) – Court Ruling (Germany, 2021)

Court Ruling
DPA VGSaarlouis16 February 2021Germany
final
Court Ruling

Privacy enforcement record

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A court in Germany ruled against a data protection authority for contacting individuals without their consent for marketing. This decision is important for protecting people's rights to privacy.

What happened

The data protection authority ordered the erasure of unlawfully processed personal data from individuals contacted for marketing.

Who was affected

Two individuals who were contacted for marketing without giving their consent were affected.

What the authority found

The court ruled that the company could not prove it had obtained consent from the individuals for marketing purposes.

Why this matters

This case underscores the necessity for companies to obtain clear consent before contacting individuals for marketing. It reinforces the importance of respecting privacy rights.

Recorded legal citations
Automatically processed
Art. 6(1)(a) GDPR
Art. 6(1)(f) GDPR
Art. 7(1) GDPR
View original scraped data
Art. 6(1)(a) GDPR
Art. 6(1)(f) GDPR
Art. 7(1) GDPR

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

National Law Articles
AI-identified
§ 7(2) of the national German law against unfair competition (UWG)
Decision AuthorityOVG Saarland
Reviewed AuthorityVG Saarlouis (Germany)

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

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Full Legal Summary
Detailed

Following the complaint of two petitioners claiming that the plaintiff had contacted them for direct marketing purposes, even though they had not consented to the processing of their personal data to this effect, the supervisory authority for data protection in Saarland, the defendant, ordered a limitation of the processing and an erasure of the unlawfully processed personal data of the petitioners by the plaintiff pursuant to Article 58(2)(f) and Article 58(2)(g) GDPR. The plaintiff had not been able to prove that the consent of the petitioners had been obtained in accordance with the requirements of Article 7(1) GDPR. The argument presented by the company, alleging that the petitioners' consent had been collected at the time of their participation in a lottery and confirmed via e-mail as part of a so called "double opt-in process", were not considered sufficient by the supervisory authority. The authority pointed out that the plaintiff should have been able to prove that the consent actually originated from the person contacted for direct marketing purposes, which had not been the case in the present matter. Furthermore, the authority underlined that the plaintiff could not justify a legitimate interest pursuant to Article 6(1)(f) GDPR, which would allow them to process the petitioners' data without their consent, the petitioners not having any business relationship with the plaintiff and therefore no reasonable expectation to be contacted by the plaintiff's company. In this context, contacting the petitioners for direct marketing purposes without their prior consent even qualified as unreasonable harassment under § 7(2)(2) of the national competition law (UWG). The plaintiff appealed the decision of the supervisory authority before the administrative court of Saarland (VG Saarlouis), arguing amongst other things that the orders could only be considered contradictory because of the reference to requirements from data protection as well as competition laws which

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Data protection authority of Saarland (defendant) in DE

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

Details

Ruling Date

16 February 2021

Authority

DPA VGSaarlouis

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Data protection authority of Saarland (defendant) - Germany (2021). Retrieved from cookiefines.eu

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