Court case 17 Sa 37/20 – Court Ruling (Germany, 2021)
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 an employer improperly used real employee data for software testing, which wasn't necessary. The court found no damages were owed since no actual harm occurred. This case shows that companies should use fake data for testing to avoid privacy issues.
What happened
An employer used real employee data for software testing without a valid reason.
Who was affected
Employees whose personal data was used for testing software without necessity.
What the authority found
The court ruled that using real employee data for testing wasn't necessary and violated GDPR, but no damages were awarded since no harm occurred.
Why this matters
This decision underscores the importance of using fictitious data for testing purposes to avoid unnecessary privacy risks. It also clarifies that potential data misuse alone doesn't warrant compensation unless actual harm is proven.
GDPR Articles Cited
National Law Articles
The Plaintiff worked as the defendant's employee. Employees' data are been processed for billing purposes. For that reason plaintiff's personal data were stored by the employer. The plaintiff by his request, asked for a copy of his data stored by the employer. The request was followed by a lawsuit, from the investigation of which it emerged that the data were transferred to the US' headquarters. The transfer took place before the starting date of the regulation. Does the mere threat of a potential data misuse suffice to claim damages under Article 82 GDPR? The court held that neither §26(1) BDSG nor Article 6(1)f GDPR legitimize the processing of employee data for software testing purposes. This is due to the fact that for these two legal basis to apply, the element of necessity is lacking. Instead of actual personal data it would have sufficed to use fictitious data to test the software. In this matter the Regional Labour Court acknowledged a violation of the GDPR as well as the BDSG. Furthermore, the mere potential threat of loss of control over a data subject’s own data does not does not constitute damage under Article 82 GDPR, consequently, the plaintiff is not entitled to damages under Article 82 GDPR. That is for the reason that an individual is only entitled to compensation for damages they have „suffered“, hence, the damage must have in fact occurred and not merely been anticipated. It has been also maintained that the defendant did not violate the GDPR by continuing the processing by the parent company in a third country when the GDPR entered into force on 25 May 2018. This is for the reason that the defendant had concluded the EU Commission’s standard contractual clauses (SCC) before transferring the personal data to the parent company and amended the SCC in ways that is sufficient to comply with Article 28 GDPR.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 17 Sa 37/20 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 17 Sa 37/20 - Germany (2021). Retrieved from cookiefines.eu
Last updated: