Court case 1 U 69/20 – 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 court in Germany ruled that a person can't claim damages under GDPR unless they show specific harm. The case involved the unauthorized use of a person's photo and name online. This decision clarifies that not every GDPR violation automatically leads to compensation.
What happened
The Higher Regional Court of Brandenburg ruled that damages under GDPR require proof of specific harm.
Who was affected
The person whose photograph and name were used without permission on the internet.
What the authority found
The court decided that a claim for damages under GDPR needs concrete evidence of harm, rejecting the appeal for lack of such evidence.
Why this matters
This ruling clarifies that under GDPR, compensation claims need clear evidence of harm, not just a violation. It sets a precedent for future cases where individuals seek damages for privacy breaches.
GDPR Articles Cited
A defendant appealed a first instance decision by the Regional Court of Potsdam. In that case, they made an unsuccessful counterclaim for set-off of damages they owed on account of the unauthorized further use of their photograph and name in connection with the plaintiff's Internet presence. The Higher Regional Court of Brandenburg held that a claim for damages can only arise from Article 82 GDPR if concrete damage has been sufficiently presented by the claimant. It rejected the appeal and stated that such a claim had no material prospect of success in this case. It justified its approach by reference to a decision by the Higher Regional Court of Bremen, which followed the same legal approach regarding an Article 82 GDPR claim.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 1 U 69/20 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 1 U 69/20 - Germany (2021). Retrieved from cookiefines.eu
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