The Munich Regional Court has once again impressively shown why anything other than standard data protection declarations should only be drafted with consultants specializing in data protection.
Thus, the operator of several dating platforms used the following formulation:
“[…] The User acknowledges and expressly agrees that … may send messages on behalf of the user to facilitate the entry of new users into the platform and to support the communication between the users. […] By registering with […], the user agrees to be displayed on other, thematically appropriate, pages of the … Network.”
These formulations were adapted but identical on other platforms. In addition, the following “consent” was foisted on an applicant:
“I further consent that … make my personal data available to the cooperation partners who provide organizational support and market [Angabe der jeweiligen Plattform].”
The Munich Regional Court considers this to be inadmissible, as it would constitute unlawful processing of personal data.
The court stated:
The regional court also sees it this way and continues to explain
On the other hand, the requirements of one of the other permissive elements of Art. 6 DSGVO are not met. In particular, it is not clear why the disclosure of data to any “cooperation partners” – in this case simply advertising customers of the defendant – should be necessary for the fulfillment of the contract between the user and the defendant (Art. 6 Par. 1 p. 1 b) DSGVO), or how such disclosure to advertisers could protect the interests of users (Art. 6 para. 1 p. 1 f) GDPR).
As a result, such a clause constitutes an unreasonable disadvantage within the meaning of Section 307 (1). 1 sentence 1 BGB. This is therefore invalid and its use is subject to warning!