Germany’s consumer
associations are powerful players when it comes to seeking injunctive relief. According
to a draft legislation that has recently been approved by the federal cabinet this
right will soon be extended to data protection violations. It could remedy
situations in which companies collect, process and use personal data of
consumers without authorisation.
Federal Minister of
Justice and Consumer Protection, Heiko Maas, considers this an important step
in strengthening the rights of German consumers (see press release). Consumers may face
difficulties in identifying whether a company has breached data protection
legislation. They, furthermore, fear the costs and efforts of pursuing an
action against a data protection law violation themselves. Consequently, the
intervention of consumer associations seems justified to overcome such
passivity. Such a right is particularly important in the light of an increasing
digitalisation.
It remains to be seen which
changes the legislative proposal will undergo during the legislative procedure.
