- Enforcing jurisdiction
- Germany · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Court case 1 U 69/20 – Court Ruling (Germany, 2021)
Privacy enforcement record
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A court ruled that a claim for damages related to unauthorized use of a person's photograph and name was rejected. This is important because it shows that claims for damages must be backed by clear evidence of harm.
What happened
A defendant's appeal for damages due to unauthorized use of their photograph and name was denied.
Who was affected
The individual whose photograph and name were used without permission.
What the authority found
The Higher Regional Court of Brandenburg decided that the claimant did not provide sufficient evidence of concrete damage.
Why this matters
This ruling sets a precedent that individuals must clearly demonstrate harm to claim damages. It serves as a reminder for businesses to avoid using personal images or names without consent.
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Linked-source text retrieved.
Automated check recorded — 20 March 2026.
Processing notes: authority corrected.
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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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