Important decision by the OLG Dresden on the termination of user accounts in social networks

Introduction: The challenge of unlawful account suspensions

In my legal practice, I regularly encounter cases in which clients are affected by the unlawful blocking of their accounts on platforms such as Facebook, Instagram, TikTok or in online games. These situations not only represent a significant impairment for those affected, but also raise complex legal issues, particularly with regard to the rights of users and the obligations of platform operators. The dynamics of the digital space and the constant development of the terms of use of social networks and online platforms lead to a constant challenge to explore the legal limits and possibilities for my clients.

In this context, the recent ruling by the Higher Regional Court of Dresden (Ref.: 4 U 1049/23) from December 12, 2023 is of particular importance. It not only offers insightful findings for practical use, but also sets new legal standards in dealing with the termination and blocking of user accounts. This ruling is an important milestone that has a significant impact on the legal situation with regard to digital communication and interaction, a core topic of my work as a lawyer. It reflects the need for a balanced approach between the interests of users and the operators of digital platforms and could be groundbreaking for future decisions in similar cases.

Burden of proof and balancing fundamental rights

In its ruling, the court specifies that the burden of proof for the requirements for termination lies with the operator of the social network. Although this clarification does not represent a fundamental change in case law, it is nevertheless of great importance. The court clearly states: “According to general principles of presentation and burden of proof, it is incumbent on the defendant, which invokes a breach of its community standards by the plaintiff, to present and prove that there was good cause for the permanent deactivation of the user account.” This statement underlines the need for platform operators to provide sound and detailed justification and evidence when terminating user accounts.

In the grounds for the ruling, the court emphasizes that a general allegation of a breach of the terms of use is not sufficient for termination. Instead, concrete evidence or proof of the alleged infringement must be provided. This requirement for evidence is also reflected in similar rulings, such as the decision of the German Federal Court of Justice (BGH) on Facebook account blocking (case no. III ZR 179/20), which emphasized the importance of sound decision-making when blocking user accounts.

Furthermore, the OLG Dresden emphasizes the importance of users’ fundamental rights. It is clarified that the decision to terminate a user account requires careful consideration of the fundamental rights involved. This aspect of balancing fundamental rights is a central point in the case law on digital platforms and social networks and has already been addressed in previous rulings, such as that of the Federal Constitutional Court on internet platforms (BVerfG, decision of 27.02.2018 – 1 BvR 967/15).

In summary, the judgment of the Higher Regional Court of Dresden provides an important clarification with regard to the burden of proof when terminating user accounts. It strengthens the position of users and requires digital platform operators to exercise greater care and transparency in their decisions. This development is of great importance for the future of digital communication and interaction and underlines the need for a balanced approach in the area of IT law.

Requirements for termination

The ruling of the Higher Regional Court of Dresden emphasizes the importance of a differentiated and fair approach when terminating user accounts. It is clarified that a lawful termination or deactivation of an account requires a detailed examination and consideration of the respective circumstances. This means that social network operators cannot simply block or delete user accounts due to general or unspecified violations of terms of use. Rather, they must consider each case individually and make the decision on a sound and comprehensible basis.

Equally important is the court’s finding on the subject of compensation for loss of data. The court makes it clear that the loss of data alone does not automatically constitute immaterial damage. This finding is crucial for the assessment of claims resulting from the blocking of user accounts. It suggests that users who wish to assert claims for damages must present concrete and verifiable damage that goes beyond the mere loss of data.

Overall, the ruling provides valuable points of reference for the practice of terminating user accounts and sets standards for the assessment of claims for damages in the context of digital platforms. It underlines the need for a balanced and legally sound approach that takes into account the interests of both users and platform operators.

Conclusion: A groundbreaking clarification in IT law

Although the judgment of the Higher Regional Court of Dresden does not represent a turning point in the field of IT law, it does provide an exciting and important clarification. It strengthens the rights of users by setting clear requirements for social network operators regarding the termination of user accounts. This ruling forces operators to rethink their practices and processes and adapt them to the more precise legal requirements. For users, the ruling offers new starting points and a stronger legal basis for taking action against unlawful blocking.

The court’s decision opens new doors for mandates in the area of blocked accounts and offers fresh perspectives for legal disputes in this dynamic field. As a lawyer specializing in copyright law, competition law and IT law, I see this ruling as an important impetus for the future advice and representation of my clients. It underlines the importance of sound legal advice at a time when digital presence and the use of social networks are becoming increasingly central.

If you are affected by an unlawful blocking of your account or have questions about your rights and options in this area, please contact me. With my expertise and experience, I am at your side to effectively represent and protect your interests.

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.