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Court case 5 U 129/24 – Court Ruling (Germany, 2025)

Court Ruling
DPA LGHannover20 March 2025Germany
final
Court Ruling

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A German court ruled on a case involving a user whose data was scraped from a platform. The court ordered the platform operator to compensate the user for damages and to stop further data misuse. This case emphasizes the importance of data protection and user consent.

What happened

The court ordered the platform operator to compensate a user for damages caused by unauthorized data scraping.

Who was affected

The user whose personal data was scraped and misused by an unknown third party.

What the authority found

The court found that the platform operator violated data protection principles by allowing data scraping through its default settings.

Why this matters

This ruling reinforces the need for companies to protect user data and ensure their settings do not facilitate unauthorized access. Operators should review their data protection practices to prevent similar incidents.

Recorded legal citations
Automatically processed
Art. 82(1) GDPR
View original scraped data
Art. 82(1) GDPR

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

Decision AuthorityOLG Celle
Reviewed AuthorityLG Hannover

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Linked-source text retrieved.

Automated check recorded — 18 March 2026.

Processing notes: articles corrected, authority corrected.

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Full Legal Summary
Detailed

The data subject was a user of a platform provided by the controller. An unknown third-party used the possibility of finding user accounts through the users’ phone numbers for scraping the platform by randomly generating phone numbers and searching for users, on the basis of a default setting set by the controller. The data subject was affected by this data "scraping incident", that resulted in loss of control of their data. The data subject filed a lawsuit with the first instance court. At first instance, the court ordered the controller to pay the data subject €500 for non-material damages and granted the requests for declaratory and injunctive relief. Both parties appealed the decision of the court of first instance before the Higher Regional Court of Celle (Oberlandesgericht Celle – OLG Celle). The court amended the decision of the court of first instance. It ordered the controller to pay the data subject the amount of €100 pursuant to Article 82(1) GDPR and established that the controller is obliged to compensate the data subject for all material future damages. However, it confirmed the court of first instance's order to cease and desist from any further infringements of this provision under penalty of a fine, to refrain from disclosing personal data of the data subject’s side to third parties, in particular the telephone number or other non-public data points, on the basis of a default setting set by the controller and to refrain from processing the data subject's telephone number on the basis of consent, which was obtained due to the confusing and incomplete information provided by the controller. First, the court held that the controller violated the principle of data minimisation pursuant to Article 5(1)(b), Article 5(1)(c) and Article 25(2)(b) GDPR. Following the lead decision of the German Federal Court of Justice (Bundesgerichtshof - BGH) - VI ZR 10/24 from 18 November 2024, the court held that the mere loss of control over one's personal data as a

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Court case 5 U 129/24 in DE

This is the only recorded case for this entity in this jurisdiction.

Details

Ruling Date

20 March 2025

Authority

DPA LGHannover

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Court case 5 U 129/24 - Germany (2025). Retrieved from cookiefines.eu

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