SKW Schwarz successfully represented infoscore Consumer Data GmbH in its complaint against an order of the Baden-Württemberg data protection authority with respect to the new EU General Data Protection Regulation (GDPR). The judgment of Karlsruhe Administrative Court is Germany’s first ruling on the GDPR (July 6, 2017, Case 10 K 7698/16). Accordingly, data protection authorities cannot rely on the GDPR for their orders and possible sanctions prior to the entry into force of the Regulation.
infoscore Consumer Data GmbH, a subsidiary of Bertelsmann-owned Arvato Financial Solutions, performs credit checks of consumers, including for retailers and insurance companies. It thereby saves information on individuals’ creditworthiness within the scope of the applicable provisions of the Federal Data Protection Act.
The Baden-Württemberg data protection authority requested the credit agency to adapt its periods for erasing personal data after entry into force of the GDPR on May 25, 2018 such that the relevant information is to be erased no later than three years after collection, unless the data subject is unable or unwilling to pay at such time. The authority was not satisfied with the company’s response that it would adapt its data erasure concept at a later time and issued an administrative order that was also based on provisions of the GDPR.
infoscore succeeded with its subsequent complaint before Karlsruhe Administrative Court. The court followed the company’s view that data protection authorities may not base their orders and sanctions on the GDPR prior to entering into effect, and set the order aside. From a material view, the court emphasized that the GDPR did in fact permit the creation of standard erasure periods and that there was a certain margin in doing so.
SKW Schwarz currently advises a large number of clients on implementation of the GDPR, including Commerzbank AG or EDEKA-LUNAR.
Counsel to infoscore Consumer Data GmbH:
SKW Schwarz Rechtsanwälte: Dr. Wulf Kamlah (Lead) and Dr. Oliver Hornung (Data Protection, both Frankfurt am Main), Dr. Klaus Jankowski, Marina Kühnle (Administrative Law, both Berlin)