The Higher Regional Court of Dresden found that, in addition to the company, the managing director of a GmbH is also to be classified as the controller under data protection law and is therefore personally liable for the data protection breach.
The claim for damages due to a breach of the GDPR is becoming increasingly important in practice.
However, the case law is not yet uniform.
An overview.
Incomplete or delayed fulfillment of the right to information under the GDPR alone does not trigger a claim for damages by the data subject.
This was decided by the Bonn Regional Court.
In May, the Bundestag passed the new law regulating data protection in telecommunications and telemedia.
Among other things, it regulates the use of cookies.
If a landlord has stored tenants’ names and telephone numbers on a phone and communicates with tenants via WhatsApp, they must comply with the GDPR.
This was decided by the Wiesbaden District Court.
The BGH had first referred the question to the ECJ and has now issued the unsurprising final ruling: Consent by means of preset checkboxes is invalid.
Anyone who integrates social plugins on their website, such as the well-known “Like” buttons, is (jointly) responsible for the collection and transfer of data.
Companies are liable for data protection breaches by all employees, not just legal representatives.
Regulations in national law that restrict liability would currently contradict this.
Video surveillance in a dental practice that can be entered without hindrance is subject to strict requirements in terms of necessity under data protection law.
According to the Advocate General of the ECJ, users must give active, informed consent to allow cookies (opt-in).
Tölle Wagenknecht Rechtsanwälte Partnerschaft mbB | Kaiserstraße 1a | 53113 Bonn | Tel.: 0228 – 387 560 200 | E-Mail: info@tww.law
