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03322 5078053

IGD waives claims arising from data protection

Actually, the topic IGD Interessengemeinschaft Datenschutz e.V. has already been dealt with sufficiently. I have reported on this here and here. Now, however, the headwind from colleagues who doubted the active legitimacy of the association seems to have become so great that the association has announced that it is currently waiving the claims from the warnings, as the case law would be inconsistent and the claims would ultimately have been fulfilled by those warned. The statements are of course pretextual, because at the end of the day they are probably afraid of losing a series of court cases. However, the association is not currently making any effort to reimburse the costs of the warning party for its own attorneys, so that in this case an action for costs would have to be filed at the party’s own risk.

But beware, the issue of “unencrypted contact form” and the use of SSL on a site that processes user data is by no means settled. As stated in this post, a competitor’s claim would likely be a given. Here, only the case law is inconsistent as to whether and under what conditions a GDPR violation leads to injunctive relief. You can find more information on the topic in this post. An unencrypted contact form and/or webshop could well be warned by regular data protection authorities.

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Marian Härtel

Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.

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03322 5078053

E‑mail

info@rahaertel.com