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MK – CJEU Judgment (Germany, 2024)

CJEU Judgment
Court of Justice of the European Union11 July 2024Germany
final
CJEU Judgment

CJEU judgment — not a DPA enforcement action

This is a Court of Justice ruling, not an enforcement action by a data protection authority. It is not included in cookie statistics or the Risk Calculator.

The Court of Justice of the European Union ruled that a professional guardian is considered a data controller under GDPR. This means they have to provide access to personal data they manage. This decision clarifies the responsibilities of guardians in handling personal data.

What happened

The Court ruled that a professional guardian is a data controller under GDPR.

Who was affected

The ruling affects individuals under guardianship and their guardians.

What the authority found

The Court found that a professional guardian must comply with GDPR's requirements for data access.

Why this matters

This ruling establishes that guardians have specific data protection obligations, which could impact how they manage personal data. It emphasizes the need for guardians to understand their legal responsibilities under GDPR.

Recorded legal citations
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Art. 4(7) GDPR

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Decision AuthorityCJEU
Reviewed AuthorityLG Hannover (Germany)

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Secondary-source text retrieved.

Automated check recorded — 19 March 2026.

Processing notes: articles corrected, national law identified, authority corrected.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

A data subject was under guardianship, duly appointed under German law ([https://www.gesetze-im-internet.de/bgb/ Article 1896 and 1897 BGB]). The guardian was a lawyer acting in a professional manner and belonging to the personal circle of the data subject. They, performed their duties for a certain time and was later replaced by another person. The data subject referred to the Local Court of Hannover (Amtsgericht Hannover – AG Hannover) for legal aid to access the data collected by the guardian when performing their duties. The AG Hannover rejected the application of the data subject. According to the court, since the guardian performed their duties in context of their professional activity it was not a data controller within the meaning of Article 4(7) GDPR. Hence, they were not obliged to respond to access request under Article 15 GDPR. Also, the court emphasised that the guardian was a legal representative of data subject under German law. That meant the guardian could process the personal data on behalf of data subject. The data subject appealed against the decision of the AG Hannover to the Regional Court of Hannover (Landgericht Hannover - LG Hannover). The appeal raised the court’s doubts whether a professional guardian was covered by the definition of controller in Article 4(7) GDPR. Also, the court deliberated about the problem of the guardian being a part of the data subject’s personal circle. As a result, LG Hannover decided to refer the following preliminary questions to the CJEU: # Is a legally appointed guardian who performs that activity in a professional capacity a controller within the meaning of Article 4(7) GDPR? # Is he or she required to provide information in accordance with Article 15 GDPR?’ The CJEU answered both question positively. The CJEU found the guardian as such to be a controller within the meaning of Article 4(7) GDPR. Firstly, the CJEU excluded the application of Article 2(2)(c) GDPR to guardian’s activity, namely the exception

Outcome

CJEU Case

A judgment or Advocate General opinion in a case before the Court of Justice of the European Union.

Details

Judgment Date

11 July 2024

Authority

Court of Justice of the European Union

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. MK - Germany (2024). Retrieved from cookiefines.eu

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