Court case 13 U 11/24 – Court Ruling (Germany, 2025)
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 German court ruled that Barclays bank wrongly reported a non-existent financial claim to a credit rating agency, which caused the person to lose their overdraft facility. This mistake forced the person to quickly refinance a large amount of money, leading to additional financial stress. The court awarded €2,500 for the damages caused by this error.
What happened
Barclays bank incorrectly notified Schufa about a fake financial claim against a person.
Who was affected
The person whose financial claim was wrongly reported and who faced financial difficulties as a result.
What the authority found
The court found that Barclays violated its obligations under GDPR by reporting a claim that did not exist, which caused harm to the person.
Why this matters
This case highlights the importance of accurate reporting by banks and the potential consequences of errors. Companies should ensure their data handling practices are correct to avoid similar legal issues.
GDPR Articles Cited
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The case concerns the transmission of a data subject's personal data by Barclays bank (the controller) to a credit rating agency (Schufa). The controller had wrongly notified Schufa about a financial claim of €4,405 existing against the data subject which in fact did not exist. After that, a different bank cancelled the data subject’s private overdraft facility forcing it to refinance €18,000 at short notice. The court of first instance had granted material damages for the additional interest the data subject had to pay for the refinancing credit, however the main subject of the appeal was non-material damages. The court found, that the controller had violated its obligations under Articles 5 and 6 GDPR by notifying Schufa about a claim that does not actually exist against the data subject. It also found, that in line with BGH, VI ZR 10/24 the notification constituted a loss of control which put the data subject into a bad light in itself constituting a non-material damage. Moreover, the court held, that the transmission inflicted an organisational burden by forcing the data subject to quickly refinance a substantial amount of money after the cancellation of the overdraft facility based on the negative entry and to pursue the clearing of such entry. The court found the amount of €2,500 appropriate to compensate those damages pursuant to Article 82 GDPR, taking account in particular the sensitive nature of wrong debt notifications. Those, the court held, could seriously damage the economic capacity of the data subject and forced the data subject to disclose its financial situation to new potential creditors.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 13 U 11/24 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
Ruling Date
12 February 2025
Authority
DPA LGHamburg
About this data
Cite as: Cookie Fines. Court case 13 U 11/24 - Germany (2025). Retrieved from cookiefines.eu
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