Court case BGH VI ZR 476/18 – Court Ruling (Germany, 2020)

Court Ruling
DPA OLGKln22 July 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.

The German Federal Court of Justice referred questions to the EU Court of Justice about whether search engines must delete thumbnail images linked to negative articles. The case involves balancing privacy rights with freedom of information. This decision could impact how search engines handle requests to remove content.

What happened

The court asked the EU Court of Justice to clarify if search engines must delete thumbnails linked to negative articles.

Who was affected

The authorized officer of a company featured in negative articles with thumbnail images on a search engine.

What the authority found

The German court referred questions to the EU Court of Justice regarding the balance between privacy rights and freedom of information.

Why this matters

This case could set a precedent for how search engines handle content removal requests, impacting both privacy rights and freedom of information. Companies and individuals should watch for the EU Court's decision to understand their rights regarding online content.

GDPR Articles Cited

Art. 17(3)(a) GDPR
Decision AuthorityBGH
Reviewed AuthorityOLG Köln (Germany)
Full Legal Summary
Detailed

The applicant was an authorised officer of one of those companies. In 2015, several articles appeared on the website of a US-American company, whose objective, according to its own statements, is "to make a lasting contribution to fraud prevention in the economy and society through active education and transparency", by critically examining these companies. One of these articles was illustrated with photos of the plaintiffs. The business model of the website's operator was in turn critically reported, among other things with the accusation that she was trying to blackmail companies by first publishing negative reports and then offering to delete the reports or prevent negative reporting for a so-called protection fee. Google was asked to delete the thumbnails. The German Federal Court of Justice (Bundesgerichtshof - BGH) stayed proceedings and referred two questions to the Court of Justice of the European Union for a preliminary ruling: - Is it compatible with the rights of the data subject in Article 7,8 CFR to weigh up the possibility to file an interim injunction as legal protection and receive a preliminary clarification on the right to get delisted as a decisive factor in the decision on conflicting rights and interests arising from Article 17(3)(a) GDPR? - Can the BGH oblige the defendant to pay the costs if third parties placed photos which are shown as a thumbnail in the search engine of the defendant, even if the third party's website is linked but not specifically named when the thumbnail is displayed by the search engine and the resulting context is not displayed by the internet search service?

Outcome

Court Ruling

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

Related Cases (0)

No other cases found for Court case BGH VI ZR 476/18 in DE

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

Details

Ruling Date

22 July 2020

Authority

DPA OLGKln

About this data

Data: GDPRhub (noyb.eu)
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Cite as: Cookie Fines. Court case BGH VI ZR 476/18 - Germany (2020). Retrieved from cookiefines.eu

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