Data Subject versus Telecommunications Company – Court Ruling (Germany, 2025)

In 2021, the data subject concluded a postpaid telecommunications contract with a telecommunications provider (controller), which included a discounted purchase of an expensive mobile phone . The controller transferred  the data regarding the registration of the data subjects’ mobile phone contract to SCHUFA, a German credit reference agency. The data are considered “positive data” (i.e. non-adverse contractual information). In September 2023, the contract was terminated. In October 2023, SCHUFA deleted the data about the data subject. The data subject brought legal proceedings against the controller before the court of first instance. They argued that the controller transmitted his data unlawfully as the transmission had occurred without their explicit consent and did not qualify for any other lawful basis under Article 6 GDPR. They also asserted that the controller had not adequately informed them of the transmission. The data subject requested the following relief from the court: a.     Non-material damages due to the transfer of their contract data to SCHUFA. b. An injunction preventing future transmission of positive data to SCHUFA. c.     A declaratory finding of liability for damages under Article 82 GDPR. d.    Reimbursement of legal expenses under GDPR as immaterial damages. They also sought to refer the matter to the CJEU for clarification. The court of first instance rejected the data subject’s claim. In 2024, the data subject appealed the decision before the court of appeal (Oberlandesgericht Koblenz-OLG Koblenz). The court ruled the claim to be wholly unfounded. First, the court decided that the controller lawfully transmitted the data subject’s data to SCHUFA. The controller pursued the legitimate interest of fraud prevention and ensuring creditworthiness assessments (Article 6(1)(f) GDPR), serving the socio-economic interests of the telecommunications industry. More specifically, the court stated that the rights of the data subject at this case ‘