Callcenter – 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.
A court in Germany ruled that Callcenter must remove two warnings from an employee's file and pay them €1,000 for mishandling their personal data. The employee had requested their data but received incomplete information. This case highlights the importance of properly managing employee data requests.
What happened
Callcenter was ordered to pay €1,000 and remove written warnings from an employee's personnel file due to mishandling their data request.
Who was affected
The employee who requested their personal data and received incomplete information from Callcenter.
What the authority found
The court found that Callcenter did not provide the employee with all their requested data in a timely manner, violating their rights under GDPR.
Why this matters
This ruling emphasizes that companies must handle personal data requests carefully and comply with GDPR requirements. It serves as a reminder for businesses to improve their data management practices.
GDPR Articles Cited
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National Law Articles
The controller (employer) and the data subject (employee) disagreed about the immaterial damages according to Article 82(1) GDPR. The data subject first demanded the removal of two written warnings (one for a data protection violation) from their personnel file on 12 July 2022 which they had received on 29 June 2022. On 13 July 2022, the data subject also sent the controller a request pursuant to Article 15 GDPR and demanded a copy of their personal data. The controller complied on 30 August 2022 and informed the data subject of the data that is processed, but did not include copies of documents. On 02 February 2023, the data subject filed a lawsuit to demand that the controller hands over a copy of the data and €3,000 in compensation (Article 82(1) GDPR) due to a belated and incomplete provision by the controller. The subject alleged that they suffered immaterial damages due to the loss of control over their data. On 01 June 2023, the parties reached a partial settlement before the Labour Court Mainz. The controller agreed to remove both written warnings from the personnel file of the data subject, supply copies of the processed data in the future, and let the data subject access the file after 31 August 2023, while the subject in turn agreed to be more careful in the future about who is included in the mailing list as to not cause another data protection violation. The Labour Court sentenced the controller to pay €1,000 (as opposed to the initially suggested €3,000) to the data subject. The controller appealed this decision and argued that not every violation against the GDPR could constitute immaterial damages and that the other party needed to prove the damages. In case of the data subject, it alleged it needed to be proven how the loss of control caused damages, and that the data was not lost, but lawfully processed. The data subject responded by requesting a dismissal of the appeal and to be paid another €2,000 by the controller for the failure to timely a
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Callcenter in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Callcenter - Germany (2024). Retrieved from cookiefines.eu
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