Verdict from Lörrach: Lawsuit against data protection violations dismissed!

Verdict from Lörrach: Lawsuit against data protection violations dismissed!

An outcry in data protection law! In an explosive ruling, the Lörrach district court dismissed the lawsuit brought by a user of a social network who felt violated by the use of his personal data for advertising. The plaintiff not only demanded 1,500 euros in damages, but also the deletion of his data. But the court rejected all claims with sharp words!

Why was the lawsuit dismissed? The court found that the plaintiff had not formulated his claims clearly enough. He had tried to combine two different legal bases in one application - an absolute no-go! In addition, he could not prove that he had actually suffered any non-material damage. Another spotlight on the strict requirements of the General Data Protection Regulation (GDPR): blanket allegations are not enough to claim damages!

The details of the verdict

The court made it clear that the data processing was lawful at the time of the lawsuit because the plaintiff had subsequently given his consent. The second part of the lawsuit, which concerned the deletion of the data, was also rejected. The plaintiff had argued that his data was processed unlawfully until November 7, 2023, but the court pointed out that the defendant no longer used this data. Without ongoing processing, there is no right to deletion!

The decision has far-reaching consequences for consumers and companies. Consumers now face high standards of proof, while companies can breathe a sigh of relief: the GDPR does not automatically lead to high claims for damages if no specific damage can be proven. A clear indication that both consumers and companies need to prepare well to understand their rights and obligations in the jungle of data protection!