Court case K-446/2025 – Court Ruling (Croatia, 2025)

The defendant, through a webshop, entered into a contract with a Croatian telecommunications provider using another person's personal data without that person's knowledge or authorization. She subsequently purchased a mobile phone, which she retained for her own use, and failed to pay the due instalment amounts totalling EUR 546.44. The prosecution argued that such conduct breached the GDPR and amounted to the unauthorized use of personal data under Croatian criminal law. At the same time, it claimed that the defendant had also committed the criminal offence of fraud under the Croatian Criminal Code. The court held that the defendant committed a criminal offense against privacy. Because the defendant intentionally used personal data without permission and without a valid legal basis under Article 6(1) GDPR, the court held that she committed the criminal offense of violation of privacy under Article 146(1) of the Croatian Criminal Code. The court sentenced her to a prison term of four months. Additionally, the court found that the defendant intention was to obtain unlawful pecuniary gain for herself by misleading Croatian telecommunications provider using another person's personal data without that person's knowledge or authorization. The court held that she committed the criminal offense of violation of property under Article 236(1) of the Croatian Criminal Code. The court sentenced her to a prison term of six months. Ultimately, the Court used relevant articles of Croatian criminal code and combined the sentences into single nine-month prison term. It then imposed a suspended sentence, so the prison term would not be executed if the defendant did not commit another crime within a two-year probation period. The court explained that it could revoke the suspended sentence if the defendant committed another offense that resulted in imprisonment. The court also ordered her to pay €140 in procedural costs. It held that this sanction was sufficient to prevent future vi