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Validated topics from research, threat analysis, law and case law – explained for practitioners and decision-makers.

Landmark rulings (15)

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Federal Court of Justice on Facebook Scraping: Damages for Mere Loss of Control (VI ZR 10/24)

Judgment of 18 Nov 2024. The Federal Court of Justice held: Temporary loss of control over one's own data after a scraping incident already constitutes non-material damage under…

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CJEU C-340/21: A Cyberattack Does Not Prove Innocence (Natsionalna agentsia)

Judgment of 14 Dec 2023. After a hack of the Bulgarian tax authority, the CJEU clarified: A successful hack does not per se prove incapacity, but the company bears the full burden…

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CJEU C-300/21: No De Minimis Threshold for GDPR Damages (Austrian Post)

Landmark judgment on Post AG, which had calculated citizens' political affinities. The CJEU clarified: There is no de minimis threshold for damages under Art. 82 GDPR. But: A pure…

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CJEU C-634/21: SCHUFA Scoring Is a Prohibited Automated Decision

Judgment of 7 Dec 2023. When banks and landlords make credit decisions largely dependent on the SCHUFA score, even creating the score falls under the ban on automated individual…

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CJEU C-184/20: Limits of State Transparency — No Pillories Online

Judgment on the Lithuanian anti-corruption law. Publishing asset and interest declarations of office holders on the internet violates the GDPR principle of proportionality.

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Federal Court of Justice on Bank Liability for Phishing: When Customers Get Their Money Back (XI ZR 107/22)

The Federal Court of Justice clarified duties under § 675v BGB. Banks must refund unauthorized transfers unless the customer is chargeable with gross negligence. Merely entering a…

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Federal Court of Justice on Push-TAN Fraud: Bank Duties When App Activation Is Manipulated

If fraudsters use social engineering to activate a second Push-TAN app on a stranger's smartphone, the bank is liable if its approval process has security gaps.

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Higher Regional Court of Cologne on Scraping: Platforms May Defend Against Automated Data Vacuums

Judgment on LinkedIn. Platform operators may erect technical barriers (rate limiting, captchas, IP blocks) to prevent external bots from mass-harvesting user profiles.

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CJEU C-252/21: Competition Authorities May Sanction Tech Giants' Privacy Violations

Judgment in the Federal Cartel Office vs. Meta dispute. Competition authorities may, when assessing market abuse, examine whether a group violates the GDPR (merging WhatsApp and…

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Federal Court of Justice VI ZR 383/19: Access Rights Under Art. 15 GDPR Also Cover Internal Notes

The Federal Court of Justice clarified: The right of access under Art. 15 GDPR is to be interpreted broadly and covers not only master data but also internal emails, phone notes…

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CJEU C-461/21: The Right to a Faithful Data Copy (Art. 15(3) GDPR)

The CJEU held: The 'right to a copy' means not only a summary in a table but a claim to a faithful reproduction of excerpts or documents when that is needed for understanding.

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Regional Court of Hamburg on AI Training Data: The LAION Photographer Dispute (§ 60d UrhG)

Judgment of 27 Sep 2024 (case no. 310 O 227/23). A photographer sued the AI association LAION over downloading his photo for a training dataset. The court dismissed the claim…

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Higher Regional Court of Frankfurt on Credit-Card Data Leaks: Damages for Leaked Financial Data

Courts awarded hotel guests damages after a data leak because credit-card numbers and CVV codes ended up on the darknet and customers had to block and monitor their cards.

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Higher Regional Court of Hamm on WhatsApp Address Books: Warning Trap in Automatic Contact Sync

Whoever installs WhatsApp on a smartphone and consents to address-book access transmits contact data of uninvolved third parties to servers in the USA unsolicited. Without the…

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CJEU C-175/20: Limits for Tax Offices — No Bulk Data Retention on Platforms

Judgment on a classifieds platform for car sales. Tax authorities may not demand all user data of a platform without cause and in blanket fashion; information requests must be…

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