GDPR Fine of 14.5 Million Euros Averted

Immobiliengesellschaft Deutsche Wohnen SE has been able to avert the record fine in the amount of EUR 14.5 million imposed in 2019 for the time being. The Regional Court Berlin considers the fine notice issued by the Berlin Commissioner for Data Protection and Freedom of Information (Berliner Beauftragter für Datenschutz und Informationsfreiheit, BlnBDI) to be ineffective due to "serious deficiencies".

GDPR Fine in Record Amount

In autumn 2019, the BlnBDI has imposed the highest GDPR fine so far on the Immobiliengesellschaft due to the inadmissible storage of personal tenant data. Information partially several years old regarding tenants, including social and health insurance data, employment agreements, tax data and information on financial circumstances has been stored without apparent purpose and legal basis. The used archive system has not provided any possibility to delete the data no longer required. The fine was preceded by two on-site inspections of the BlnBDI in the years 2017 and 2019. Therefore, the BlnBDI criticised especially that the data protection breach had not been remedied during this period. According to the BlnBDI, the calculation of the fine, however, only amounted to approximately half of the scope approved by the GDPR - despite the record amount.

Appeal against the Fine Notice Provisionally Successful

The Immobiliengesellschaft filed an appeal against the fine notice and this appeal was now successful. The Regional Court Berlin notes that the fine notice cannot be the basis of proceedings due to serious deficiencies. According to the Court, the fine notice must have contained information on specific criminal acts of the management personnel of Deutsche Wohnen SE and on their fault. However, this information was missing. Therefore, the proceedings were discontinued. The competent public prosecution can now lodge an immediate appeal against the decision of the Regional Court within one week after service. The BlnBDI has already announced to ask the public prosecution to do so. The final decision in this matter is therefore still pending.

Susanne Klein

Lennart Kriebel