CEE Projekte Verwaltung GmbH – Court Ruling (Germany, 2024)
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.
The German Federal Court ruled that a managing director could not remove their personal information from the commercial register, citing legal obligations. The court emphasized that such information is necessary for public records and safety. This decision reinforces the importance of transparency in business registrations.
What happened
The German Federal Court upheld a decision denying a request to delete personal information from the commercial register.
Who was affected
A managing director of CEE Projekte Verwaltung GmbH who sought to remove their date of birth and residence from public records.
What the authority found
The court ruled that the inclusion of personal data in the commercial register is required by law and cannot be deleted under GDPR.
Why this matters
This case illustrates that legal obligations can outweigh personal privacy concerns in public records. Businesses should be aware that certain information may need to remain accessible for compliance purposes.
GDPR Articles Cited
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National Law Articles
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
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for CEE Projekte Verwaltung GmbH in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. CEE Projekte Verwaltung GmbH - Germany (2024). Retrieved from cookiefines.eu
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