• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
Rechtsanwalt Marian Härtel - ITMediaLaw

No products in the cart.

  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Rechtsanwalt Marian Härtel - ITMediaLaw

No injunctive relief for violations of the GDPR? Frankfurt Higher Regional Court restricts rights of data subjects

3. August 2023
in Data protection Law
Reading Time: 4 mins read
0 0
A A
0
dsgvo 3589608 1280
Key Facts
  • OLG Frankfurt am Main ruled that data subjects have no right to injunctive relief in the case of data transfers to third parties.
  • ruling criticized because it makes it more difficult to enforce data protection.
  • Art. 17 and Art. 82 GDPR do not provide a right to injunctive relief for data transfers.
  • National claims are ruled out, as the GDPR is exhaustive.
  • Data protectionists believe that the rights of those affected are severely restricted.
  • For companies, the ruling strengthens their position.
  • Hope for clarification by the Federal Court of Justice remains.

In a landmark ruling dated March 30, 2023 (case number: 16 U 22/22), the Higher Regional Court of Frankfurt am Main decided that data subjects are not entitled to injunctive relief if their personal data is transferred to third parties in violation of the General Data Protection Regulation (GDPR). The ruling has been met with criticism because it makes it more difficult to enforce data protection. Clarification by the Federal Supreme Court would be desirable.

Content Hide
1. What the OLG Frankfurt am Main ruled on
2. Reactions to the ruling of the Higher Regional Court of Frankfurt am Main
3. Is the OLG Frankfurt am Main of the wrong opinion?
4. BGH must provide clarity
5. Conclusion
5.1. Author: Marian Härtel

What the OLG Frankfurt am Main ruled on

The plaintiff had sued an online store for injunctive relief because, according to him, it had forwarded personal data such as IP address and usage data to third-party providers such as Google when the website was called up.

The Frankfurt am Main Higher Regional Court rejected the claim for injunctive relief. Art. 17 and Art. 82 of the GDPR do not give rise to a claim for injunctive relief. Article 17 of the GDPR only grants a right to the deletion of data. From this, a claim for injunctive relief could also be derived with regard to the storage of data, but not with regard to the transmission of data to third parties. According to Art. 82 GDPR, a claim for injunctive relief requires concrete damage, which is not shown here (OLG Frankfurt am Main, judgment of March 30, 2023, Case No. 16 U 22/22, para. 63).

National claims for injunctive relief under Section 1004 BGB in conjunction with Section 823 BGB are also ruled out. § According to the Higher Regional Court of Frankfurt am Main, national claims for injunctive relief under Section 100 of the German Civil Code (BGB) in conjunction with Section 823 of the German Civil Code (BGB) are also ruled out, since the GDPR, as fully harmonized EU law, contains conclusive provisions. There was no opening clause for national law. The “remedies” mentioned in Art. 79 GDPR refer only to procedural, not substantive claims. Legal protection under individual law was deliberately restricted in favor of “public enforcement” by the data protection supervisory authorities (OLG Frankfurt am Main, loc. cit., para. 76 et seq.).

Reactions to the ruling of the Higher Regional Court of Frankfurt am Main

The ruling has met with a divided response. Data protectionists criticize that the rights of those affected will be severely restricted. They see effective enforcement of data privacy at risk.

For companies and website operators, on the other hand, the ruling means a strengthening of their position. It lowers the liability risk in the event of data protection breaches, as long as no concrete damage is proven.

In the legal discussion, the view of the OLG Frankfurt am Main is not unanimously shared. According to another opinion, it can be argued that substantive claims also arise from Art. 79 GDPR. The restriction of individual legal protection is contrary to the principle of effectiveness.

Whether the restrictive approach of the OLG Frankfurt am Main is correct remains questionable. In any case, the ruling shows that in the event of data protection violations under the GDPR, data subjects primarily have the complaint to the competent data protection supervisory authority as a legal remedy. Individual claims against the responsible party are only possible to a limited extent.

Is the OLG Frankfurt am Main of the wrong opinion?

Some data protection experts are of the opinion that the OLG Frankfurt am Main has misjudged the legal situation. They argue:

  • Art. 79 GDPR ensures data subjects an effective judicial remedy. A claim for injunctive relief can also be derived from this.
  • The GDPR does not conclusively exclude supplementary national regulations. Therefore, national claims such as § 823 BGB can also be used. (Note: The Higher Regional Court of Frankfurt am Main rejected a claim based on § 1004 BGB)
  • The restriction of individual legal protection contradicts the principle of effectiveness of Union law.
  • Without individual claims for injunctive relief, the GDPR will not be effectively enforced. Complaints to data protection authorities alone are not enough.

BGH must provide clarity

In view of the legal uncertainties following the ruling by the Frankfurt am Main Higher Regional Court, it is to be hoped that the Federal Court of Justice will soon be given the opportunity to comment on the issue of injunctive relief. Only the Federal Court of Justice can ensure a uniform line in the last instance.

Until then, the legal situation remains uncertain for those affected and website operators. Injunctions for data privacy violations have poorer prospects of success due to the restrictive view of the Frankfurt am Main Higher Regional Court. Conversely, website operators are not automatically liable for injunctive relief in the event of infringements. In the future, this will probably depend even more on a case-by-case assessment.

Conclusion

The landmark ruling by the Frankfurt am Main Higher Regional Court significantly restricts the enforcement of data privacy law via individual claims. Whether this is compatible with the principle of effectiveness of Union law seems doubtful. A supreme court clarification by the BGH would therefore be desirable. Until then, there will be a great deal of legal uncertainty for data subjects and website operators alike in the event of data privacy violations.

Marian Härtel
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.

Tags: Frankfurt Higher Regional CourtGDPRPrivacy

Weitere spannende Blogposts

Data protection madness: when theory and practice collide

f317f7f3f7914aba4fccb4f129a8060c
26. June 2024

Data protection madness: when theory and practice collide I normally write very neutral, factual articles in my blog on various...

Read moreDetails

Office 365 in schools illegal under data protection law

Office 365 in schools illegal under data protection law
7. November 2022

1. preliminary remark For years, there has been a debate in Germany about whether schools can use Microsoft's Office 365...

Read moreDetails

The Darknet is not illegal!

Abusive warnings are punishable by law
7. November 2022

I don't have much to do with criminal law, except at the time of the state exam. That's why I...

Read moreDetails

Trade Secrets Protection Act: Act now!

Trade Secrets Protection Act: Act now!
10. September 2019

Since 26 April 2019, the new Trade Secrets Act has implemented an EU directive that has so far received little...

Read moreDetails

The dangers of BYOD practices in startups: what you need to be aware of legally

The dangers of BYOD practices in startups: what you need to be aware of legally
31. August 2023

Introduction In today's fast-paced business world, flexibility is key. That's why many startups, and perhaps your company, are turning to...

Read moreDetails

IGD waives claims arising from data protection

abmahnung
7. November 2022

Actually, the topic IGD Interessengemeinschaft Datenschutz e.V. has already been dealt with sufficiently. I have reported on this here and...

Read moreDetails

Drafting contracts for SaaS companies: Tips from an IT law expert

Drafting contracts for SaaS companies: Tips from an IT law expert
10. October 2024

Software as a Service (SaaS) has established itself as the dominant business model in the IT industry. For SaaS companies,...

Read moreDetails

Court proceedings via Skype

Court proceedings via Skype
7. November 2022

As a lawyer with a strong affinity for IT law, I now try to run my practice with as little...

Read moreDetails

Doxing: A legal look and the potential for conflict with blockchain

Doxing: A legal look and the potential for conflict with blockchain
26. July 2023

Introduction The ongoing digitization of our world has not only revolutionized our everyday lives and working environments, but also the...

Read moreDetails
Howey test

Blockchain law

24. June 2023

Introduction Blockchain technology has the potential to fundamentally change the way we do business, store data, and conduct transactions. However,...

Read moreDetails
Third-party action

Third-party action

16. October 2024
Airdrop

Airdrop

30. June 2023
Notice of hearing

Notice of hearing

11. April 2025
Jurisdiction agreement

Jurisdiction agreement

16. October 2024

Podcast Folgen

4f3597d5481e0f38e37bf80eaad208c7

The IT Media Law Podcast. Episode No. 1: What is this actually about?

26. August 2024

Yeah, the first real episode with myself! In this podcast, we dive into the exciting world of IT law and...

8315f1ef298eb54dfeed2f5e55c8b9da 1

First test episode of the ITMediaLaw Podcast

26. August 2024

First test episodeDear readers, I am delighted to present the first test run of our brand new IT Media Law...

Looking to the future: How technology is changing the law

Looking to the future: How technology is changing the law

18. February 2025

In the final episode of the first season of the ITmedialaw.com podcast, we take a look at the future of...

d00527fd01b1f807a4f80c0f202069e7

Legal basics for startup founders – how to start on the safe side!

9. November 2024

In this episode of the Itmedialaw podcast, lawyer and entrepreneur Marian Härtel takes you on a journey through the legal...

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung