CEE Projekte Verwaltung GmbH – Court Ruling (Germany, 2024)

The data subject is managing director of CEE Projekte Verwaltung GmbH, has been listed in the commercial register with their date of birth and residence since September 2012. In 2022, the data subject requested the deletion of their date of birth and residence from the commercial register, citing safety concerns due to their professional involvement with explosives, which could make them a target for kidnapping or robbery. The request was denied by the local court. Subsequently, the data subject appealed this decision, additionally requesting that the transmission of their personal data from the commercial register to third parties only occur after a balancing of interests. The appeal was rejected by the OLG Celle. The data subject then filed a legal complaint with the German Federal Court of Justice, which also upheld the previous decisions, insisting on the necessity of these data being included in the commercial register. The German Federal Court of Justice upheld all lower court's decision, determining that the controller had no right to the deletion of their date of birth and residence from the commercial register under Article 17(1) GDPR. The court ruled that the inclusion of this information is crucial for fulfilling a legal obligation of the register court under both union and national law. First, the court concluded that the data processing was mandated by law, rendering Article 17(3)(b) GDPR applicable, which permits data processing necessary for compliance with a legal obligation. Second, the court found that the data subject's objections under Article 21(1) GDPR were invalid when the data processing is based on Article 6(1)(c) GDPR, necessitated by a legal duty imposed on the controller. Lastly, the court noted that no restriction on processing could be requested under Article 18(1)(d) GDPR, as the data processing was lawful and essential for the register's public function. Hence, the Federal Court of Justice ruled that the residence and the date of