Court case 4 U 324/21 – 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 a customer who sent a laptop for repair had impliedly consented to the deletion of their data when informed it might happen. The court decided that the repair company did not owe compensation for the data loss. This case shows that customer agreements and communications can imply consent for data handling during repairs.
What happened
A court ruled that a customer implicitly consented to the deletion of their personal data when sending a laptop for repair after being informed of the possibility.
Who was affected
The customer who sent their laptop for repair and lost personal data when the hard drive was replaced.
What the authority found
The court found that the customer had given implied consent for data deletion by agreeing to the repair terms, so no compensation was owed.
Why this matters
This ruling highlights the importance of clear communication about data handling in service agreements. Businesses should ensure customers understand and agree to potential data loss during repairs.
GDPR Articles Cited
National Law Articles
The parties concluded a contract for the purchase of a laptop. Due to a hard disk defect, the claimant arranged for a repair with the defendant. Before returning the hard disk to the defendant, the defendant informed the claimant that they did not offer data backup- and data recovery services, that customers were "responsible for the security of their data" and that it could happen that "the hard disk may need to be deleted or replaced in the course of the repair". With this information, the claimant sent the hard disk to the defendant for repair. The hard disk contained the claimant’s personal data. Upon completion, the defendant returned a different hard disk to the claimant. This new hard disk did not contain the claimant's personal data. At trial, the claimant demanded compensation for unlawful processing of his personal data and information about its disclosure. He also claimed the surrender of the hard disk and applied for an injunction against the storage, disclosure or publication of the data on this hard drive. All claims were dismissed at trial. The appellate court had to decide whether, inter alia: # the implied consent to the deletion of the personal data is effective, # the claimant is entitled to further information under Article 15 GDPR even though the defendant had already communicated the non-existence of personal data, # the claimant has a valid claim for pecuniary damages under Article 1, in conjunction with Article 2(1) Grundgesetz or for non-pecuniary damages under Article 82 GDPR because of the loss of personal data. The appellate court dismissed all of the claimant's applications and upheld the decision of the trial court. The court held that personal data is processed when a hard disk containing personal data is physically destroyed under a contractual warranty. Regarding the effectiveness of consent to the deletion of personal data in the context of a repair, the court found that valid consent can be given through conduct implying intent.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 4 U 324/21 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 4 U 324/21 - Germany (2021). Retrieved from cookiefines.eu
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