Can I claim damages if a company has used my data without consent?
August 8, 2022 | 50,00 EUR | answered by Hans Krüger
Dear lawyer,
I am reaching out to you as I have found myself in an uncomfortable situation and do not know how to proceed. Recently, I discovered that a company has used my personal data without my consent. These data were apparently used for advertising purposes without my approval. I am concerned about the potential consequences of this unauthorized use of my data and wonder if I can claim damages.
The situation is as follows: I have not given any consent or other approval for this company to use my data. Nevertheless, I suddenly started receiving unwanted telemarketing calls and emails from them, which greatly disturb me. I feel violated in my privacy and want to ensure that such an incident does not go unpunished.
Therefore, I ask you: Are there any legal actions I can take against the company to claim damages? What options do I have to protect my rights as a consumer and ensure that my data is not further misused? I seek your expertise and support in this matter, as I do not feel capable of responding adequately on my own.
Thank you in advance for your help.
Sincerely,
Guido Klein
Dear Mr. Klein,
Thank you for your inquiry regarding the unauthorized use of your personal data by a company. This situation is indeed very concerning, and it is important that you protect your rights as a consumer. In Germany, there are legal regulations that are intended to ensure the protection of personal data, in particular the Federal Data Protection Act (BDSG) and, since May 25, 2018, the General Data Protection Regulation (GDPR) of the European Union.
According to these laws, a company may only process personal data with your explicit consent. If you have not given the company consent to use your data for advertising purposes and yet you receive unwanted marketing calls and emails, this constitutes a violation of data protection. In this case, you have the right to claim compensation.
To assert compensation claims, you should first contact the company and demand that they immediately cease the unauthorized use of your data. If the company does not respond to your demand or refuses, you can take legal action. You can engage a lawyer to assist you in this matter and enforce your compensation claims against the company.
Furthermore, you have the right to complain to the relevant data protection supervisory authority. They can conduct investigations and, if necessary, impose sanctions on the company. It is important that you gather all evidence that proves the unauthorized use of your data to support your claims.
In summary, as a victim of a data protection breach, you can claim compensation from the company and ensure that your data is not further misused in the future. I recommend that you promptly seek the assistance of a specialized lawyer to best defend your rights.
I hope that this information is helpful to you and I am available to answer any further questions you may have.
Sincerely,
Hans Krüger, Lawyer
