- Enforcing jurisdiction
- Germany · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Court case 17 Sa 37/20 – Court Ruling (Germany, 2021)
Privacy enforcement record
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A court ruled that an employee could not claim damages for the potential misuse of their data, even though their personal information was processed improperly. The court found that just the threat of misuse isn't enough to warrant compensation under data protection laws. This ruling clarifies that actual harm must occur for someone to seek damages.
What happened
The court decided that the employee was not entitled to damages for potential data misuse by their employer.
Who was affected
An employee whose personal data was processed for software testing without proper justification.
What the authority found
The court held that the processing of the employee's data lacked a necessary legal basis and that potential threats do not qualify for damages.
Why this matters
This ruling sets a precedent that individuals must demonstrate actual harm to claim damages, which may affect how employees approach data protection complaints.
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Processing notes: articles corrected, national law identified, authority corrected.
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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
Ruling Date
25 February 2021
Authority
DPA ArbGUlm
About this data
Cite as: Cookie Fines. Court case 17 Sa 37/20 - Germany (2021). Retrieved from cookiefines.eu
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