Court case 62 O 88/23 – 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 data subject is a client of the controller that operates two social media platforms which allow users to create their own profile and share it with friends. The controller earns money through personalised ads which are tailored to the user’s behaviour. Upon registration, the user provides the controller with their full name, their date of birth and gender. Additionally, the user is asked to enter their phone number and e-mail address. On the registration page, the new user is informed that by clicking the “Register now” button they consent to the controller’s terms and conditions and they can learn about the collection, sharing, and processing of personal data in the data guidelines of the controller. In these guidelines and in the social media portal’s help section users are being informed that the controller offers the users a personalised experience and state-of-the-art technology to ensure secure and functional operation for everyone. Additionally, the terms and conditions include detailed information about the processing of personal data and why they are necessary for personalising the contents shown to the user. The data subject accepted these terms and conditions that were subsequently changed during the time they used the platform. At first, the controller based its processing on Article 6(1)(b) GDPR. Since 5 April 2023, the controller informed the users the processing was done under Article 6(1)(f) GDPR and offered a possibility to object to the processing. Starting from 3 November 2023, the controller then introduced a consent model. It gave the data subject one of the three following options: either consent to the processing of their personal data for advertising, subscribe to the ad-free version, or leave the platform by deleting the account after possibly obtaining a copy of their data. On 8 November 2023, the data subject consented to the processing of their data for advertising purposes. The data subject filed a lawsuit with the Regional Court As
GDPR Articles Cited
The data subject is a client of the controller that operates two social media platforms which allow users to create their own profile and share it with friends. The controller earns money through personalised ads which are tailored to the user’s behaviour. Upon registration, the user provides the controller with their full name, their date of birth and gender. Additionally, the user is asked to enter their phone number and e-mail address. On the registration page, the new user is informed that by clicking the “Register now” button they consent to the controller’s terms and conditions and they can learn about the collection, sharing, and processing of personal data in the data guidelines of the controller. In these guidelines and in the social media portal’s help section users are being informed that the controller offers the users a personalised experience and state-of-the-art technology to ensure secure and functional operation for everyone. Additionally, the terms and conditions include detailed information about the processing of personal data and why they are necessary for personalising the contents shown to the user. The data subject accepted these terms and conditions that were subsequently changed during the time they used the platform. At first, the controller based its processing on Article 6(1)(b) GDPR. Since 5 April 2023, the controller informed the users the processing was done under Article 6(1)(f) GDPR and offered a possibility to object to the processing. Starting from 3 November 2023, the controller then introduced a consent model. It gave the data subject one of the three following options: either consent to the processing of their personal data for advertising, subscribe to the ad-free version, or leave the platform by deleting the account after possibly obtaining a copy of their data. On 8 November 2023, the data subject consented to the processing of their data for advertising purposes. The data subject filed a lawsuit with the Regional Court As
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 62 O 88/23 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 62 O 88/23 - Germany (2024). Retrieved from cookiefines.eu
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