Search
Contact
03.06.2020 | KPMG Law Insights

GDPR: Federal Court of Justice refers question on standing of consumer protection associations to European Court of Justice for preliminary ruling.

GDPR: Federal Court of Justice refers question on standing of consumer protection associations to European Court of Justice for preliminary ruling.

In its decision of May 28, 2020, the German Federal Court of Justice referred to the European Court of Justice the question of whether consumer protection associations are authorized to pursue violations of data protection law by way of an action, irrespective of the infringement of specific rights of individual data subjects and without a mandate from a data subject.

Background
In 2013, the umbrella organization of consumer advice centers in the German states filed a lawsuit for injunctive relief against a social network. The defendant had made free online games from other providers available to its users. The plaintiff complains, among other things, that the data privacy notices under the corresponding “Play Now” button do not comply with the legal requirements for obtaining effective user consent under data privacy law due to a lack of transparency.
The district court had sentenced the defendant as requested. The defendant’s appeal was also unsuccessful. The Federal Court of Justice now has to rule on the admissibility of the consumer protection association’s action on appeal and, if necessary, on the injunctive relief sought.
Since an interpretation of provisions of the General Data Protection Regulation is required to assess the standing of consumer associations to bring an action, the proceedings were suspended and the question was referred to the Court of Justice of the European Union for a preliminary ruling.

Legal classification
The question of whether the umbrella organization of consumer associations in the German states is authorized to bring this action depends, among other things, on the interpretation of Article 80 of the GDPR, which governs the authority to assert rights based on violations of data protection law. In the opinion of the Federal Court of Justice, the decisive question is whether Article 80 of the GDPR conclusively regulates the enforcement of the data protection provisions set out in this Regulation, a question that is also disputed in the case law of the courts of instance and in the legal literature.
If this regulation were to be final, the consumer protection association would not be authorized to bring this action because the necessary requirements of the General Data Protection Regulation have not been met. If the provisions do not preclude further, deviating regulations, the action for injunctive relief would in any case be admissible under German law.
It is therefore questionable whether, in addition to the provisions of European law, the provision in German laws, such as the Unfair Competition Act and the Injunctions Act, also apply. These grant associations, institutions and chambers as well as competitors the power to take action against the controller by way of a lawsuit before the civil courts for violations of the General Data Protection Regulation, irrespective of the violation of specific rights of individual data subjects and without a mandate from a data subject.
The European Court of Justice had already ruled in its judgment of July 29, 2019, that the provisions of the Data Protection Directive, which applied until the entry into force of the General Data Protection Regulation on May 25, 2018, do not preclude associations from bringing an action. In this decision, the European Court of Justice left open whether this right of action continues to apply under the now applicable General Data Protection Regulation.

Evaluation
Among other things, the decision in these proceedings has implications for the question of whether competitors can also pursue violations of data protection law under competition law aspects. Should the ECJ affirm the right of action, it cannot be ruled out that the wave of warning letters feared since the entry into force of the GDPR will occur. The decision thus has significant implications for all companies.

Explore #more

13.08.2026 | KPMG Law Insights

Federal Ministry of Finance Presents Draft Bill on Mandatory Use of Electronic Cash Registers and Combating Tax Evasion

In July 2026, the Federal Ministry of Finance (BMF) and the Federal Ministry of Justice (BMJV) presented an action plan to combat tax and financial

11.08.2026 | In the media

Guest article in *Versicherungsmonitor* on the topic of cyber claims regulation

Cyberattacks—particularly ransomware campaigns—pose challenges for insurers when it comes to claims settlement. When entire IT infrastructures at insured companies come to a standstill and the…

11.08.2026 | KPMG Law Insights

Transparency Requirements Under Article 50 of the AI Act: Companies Should Address These Questions Now

The transparency requirements of the EU AI Act have been in effect since August 2, 2026. These obligations apply to chatbots, AI assistants, avatars, synthetic…

10.08.2026 | In the media

Op-Ed on the Procurement Acceleration Act and Sustainable Public Procurement

On April 23, 2026, the Bundestag passed the Act on Accelerating the Award of Public Contracts. After the Act was published in the Federal Law…

05.08.2026 | Deal Notifications

KPMG Law and KPMG Advise NMP Germany on the Acquisition of Klöckner Desma Elastomertechnik GmbH

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised NMP Germany GmbH on the legal, tax, and financial aspects of the transaction…

04.08.2026 | In the media

Portrait of Mathias Oberndörfer in the *Börsen-Zeitung*

Mathias Oberndörfer has been with KPMG for more than 20 years—reason enough for an in-depth profile in the *Börsen-Zeitung*. The Börsen-Zeitung traces his career path…

03.08.2026 | Unkategorisiert

KPMG Law und KPMG beraten NMP Germany beim Erwerb der Klöckner Desma Elastomertechnik GmbH

Die KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) und die KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) haben die NMP Germany GmbH beim Erwerb der Klöckner Desma Elastomertechnik Gruppe…

03.08.2026 | In the media

Statement by KPMG Law experts on the EU Packaging Regulation in the business magazine *impulse*

Starting January 1, 2030, packaging must consist of at least 70 percent recyclable materials. Starting August 1, 2030, so-called “deceptive packaging” will also be banned.…

30.07.2026 | KPMG Law Insights

CRD VI and Third-Country Banks: Preserving Cross-Border Access to the EU Market

From 11 January 2027, third-country banks will need to reassess whether they may continue to provide banking services into the EU on a cross-border basis.…

28.07.2026 | In the media

Op-ed in the FAZ on the topic “Who is liable when algorithms make decisions?”

Artificial intelligence has made its way into the boardroom. Whether it’s investment decisions, risk analysis, or workforce planning—the results of artificial intelligence are increasingly being…

Contact

Sebastian Hoegl, LL.M. (Wellington)

Senior Manager
Lawyer
Specialist lawyer for IT law
LL.M. (Wellington)

Heinrich-von-Stephan-Straße 23
79100 Freiburg im Breisgau

Tel.: +49 761 769999-20
shoegl@kpmg-law.com

© 2026 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll