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- Title
OLG Dresden: Kein Anspruch auf immateriellen Schadensersatz wg. Scraping.
- Abstract
The Higher Regional Court of Dresden has ruled that there is no claim for non-material damages due to scraping. The European Court of Justice (ECJ) has determined that indirect identifiability is also relevant for the personal reference of data. The ECJ's decision has implications for online advertising networks and requires a review of the technical design of real-time bidding procedures. The plaintiff is a user of the C platform and has made her telephone number publicly accessible. The defendant has violated data protection regulations by leaving the default setting for the searchability of telephone numbers as "all". The court has partially granted the claim and sentenced the defendant to pay damages. It is determined that the processing of personal data was not necessary to fulfill the purpose of the contract and that the company did not provide transparent information about the purposes of data processing. The European Court of Justice has determined that concrete and certain damage must be proven for non-material damages resulting from the processing of personal data. In the present case, the plaintiff has not credibly demonstrated any specific emotional damages. The plaintiff also has no claim for injunction, as the request is too indefinite and therefore inadmissible.
- Subjects
DRESDEN (Germany); REAL-time bidding (Internet advertising); DAMAGES (Law); PERSONALLY identifiable information; INTERNET advertising; ELECTRONIC data processing; TELEPHONE numbers
- Publication
Computer und Recht, 2024, Vol 40, Issue 5, p318
- ISSN
0179-1990
- Publication type
Article
- DOI
10.9785/cr-2024-400511