Fri. Sep 13th, 2024
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Urteil des EU-Gerichtshofs in den verbundenen Rechtssachen C‑182/22 und C-189/22 Scalable Capital
20 June
Donnerstag, 20. Juni 2024
Urteil des Gerichtshofs in den verbundenen Rechtssachen C‑182/22 und C-189/22 Scalable Capital
Immaterieller Schadensersatz bei „Diebstahl“ personenbezogener Daten
Zwei Anleger verlangen vor dem Amtsgericht München von dem Trading-App-Betreiber Scalable Capital immateriellen Schadensersatz, weil ihre dort hinterlegten personenbezogenen Daten von unbekannten Tätern „gestohlen“ worden seien. Dadurch hätten sie Schmerz erlitten und Leid erfahren. Die Daten wurden von den Tätern jedoch bislang nicht zu betrügerischen oder anderen Zwecken verwendet.
Das Amtsgericht ersucht den Gerichtshof um Hinweise zur Auslegung des Begriffs des immateriellen Schadens im Sinne der Datenschutz-Grundverordnung und zu den Voraussetzungen, unter denen ein solcher Schadensersatz gewährt wird. Es möchte insbesondere wissen, ob der Diebstahl dieser Daten einen „Identitätsdiebstahl“ darstellt.
Generalanwalt Collins hat in seinen Schlussanträgen vom 26. Oktober 2023 auf Wunsch des Gerichtshofs nur eine der Vorlagefragen erörtert und folgende Antwort vorgeschlagen: Der Diebstahl sensibler personenbezogener Daten einer betroffenen Person durch einen unbekannten Straftäter könne zu einem Anspruch auf immateriellen Schadensersatz führen, wenn der Nachweis eines Verstoßes gegen die Datenschutz-Grundverordnung, eines konkreten erlittenen Schadens und eines Kausalzusammenhangs zwischen dem Schaden und diesem Verstoß erbracht werde. Für die Gewährung eines solchen Schadensersatzes sei es nicht erforderlich, dass der Straftäter die Identität der betroffenen Person angenommen habe, und der Besitz von Daten, die die betroffene Person identifizierbar machen, stelle für sich genommen keinen Identitätsdiebstahl dar.
Weitere Informationen C-182/22
Weitere Informationen C-189/22
Details
- Date:
- 20 June
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-189/22, C‑182/22, Scalable Capital
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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