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

Court Ruling
DPA OLGCelle23 January 2024Germany
final
Court Ruling

Privacy enforcement record

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The German Federal Court ruled against a managing director's request to remove their personal information from the commercial register. The court found that the information was legally required to be included for public access. This ruling underscores the importance of legal obligations in data processing.

What happened

The managing director of CEE Projekte Verwaltung GmbH sought to delete their date of birth and residence from the commercial register.

Who was affected

The managing director of CEE Projekte Verwaltung GmbH who requested the deletion of their personal information.

What the authority found

The court upheld that the inclusion of the managing director's personal data was necessary for compliance with legal obligations.

Why this matters

This ruling illustrates that legal requirements can take precedence over individual privacy requests. Companies should be aware of the legal obligations surrounding data publication.

Recorded legal citations
Automatically processed
Art. 17 GDPR
Art. 18 GDPR
Art. 21 GDPR
View original scraped data
Art. 17(GDPR)
Art. 18(GDPR)
Art. 21(GDPR)

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
§ 10a(3) HGB
§ 395 FamFG
Decision AuthorityBGH
Reviewed AuthorityOLG Celle (Germany)

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Linked-source text retrieved.

Review needed — 20 March 2026.

Processing notes: articles corrected, national law identified, authority corrected, date discrepancy.

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Full Legal Summary
Detailed

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

Ruling Date

23 January 2024

Authority

DPA OLGCelle

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. CEE Projekte Verwaltung GmbH - Germany (2024). Retrieved from cookiefines.eu

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