Court case 10 Sa 443/21 – 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 cook in Germany won €2,000 in damages after his employer failed to provide requested personal data information. The court found the employer did not comply with GDPR's requirements for data access requests. This case highlights the importance of responding properly to data access requests under GDPR.
What happened
A cook's employer failed to provide detailed personal data information as requested, violating GDPR access rights.
Who was affected
The cook who worked for over 20 years and requested information about his personal data processing.
What the authority found
The Regional Labour Court of Berlin-Brandenburg ruled that the employer did not fulfill GDPR's data access request requirements, awarding the cook €2,000 in damages.
Why this matters
This ruling emphasizes the necessity for companies to comply with GDPR's data access provisions. Businesses should ensure they have processes in place to respond to data access requests accurately and promptly.
GDPR Articles Cited
The data subject worked as a cook for over 20 years for the controller. In 2019, the data subject requested detailed information in accordance with Article 15 GDPR after he had received a warning from the controller and was transferred. The request concerned these two processes. The controller did not comply with the request. The defendant claimed before the Labour Court of Berlin that, since he had remained in the dark about essential factors of the data processing, he was entitled to damages pursuant to Article 82 GDPR. He argued that a claim for damages in the amount of €250 per month per infringement was appropriate because the infringement had lasted for more than 16 months. As a result of the months-long delay in providing information, he had been prevented from assessing whether and how the defendant had been processing his personal data. The Labour Court of Berlin dismissed the action insofar as it was relevant to the appeal. It held that it was unclear what the exact aim of the data subject's access request had been. With his appeal, the data subject pursued a claim of damages in the amount of at least €8,000 by the controller. The Regional Labour Court of Berlin-Brandenburg partly upheld the claim. It granted the data subject damages in the amount of €2,000. It held that information was not given correctly as requested and that the controller should have regarded Article 15 GDPR in full. Contrary to the first instance court's opinion, the data subject had sufficiently specified his access request. The controller had neither indicated whether and, if so, to which persons or bodies it had disclosed or would disclose the transfer process, nor when or according to which criteria the data would be deleted. Nor did the controller indicate the existence of the data subject's rights pursuant to Articles 12 et seqq. GDPR. The court concluded that it was indeed so obvious that this information was missing that the controller could have ascertained what the data
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Violations (1)
The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.
Art. 12, 13 GDPR
Related Cases (0)
No other cases found for Court case 10 Sa 443/21 in DE
This is the only recorded case for this entity in this jurisdiction.
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Details
About this data
Cite as: Cookie Fines. Court case 10 Sa 443/21 - Germany (2021). Retrieved from cookiefines.eu
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