In its judgment of May 4, 2023 (Case No. C-300/21), the European Court of Justice (ECJ) ruled on non-material damages (damages for pain and suffering) in the event of data protection violations and in doing so set uniform requirements for the award of
In its ruling of June 29, 2023 (Ref.: 2 AZR 296/22), the Federal Labor Court decided on the usability of video surveillance recordings made in violation of data protection. Such recordings, which show a breach of contract, can be
In its ruling of June 6, 2023 (Case No. 9 AZR 383/19), the Federal Labor Court decided that a works council chairman cannot simultaneously hold the position of company data protection officer.
In its ruling of March 31, 2023 (Case No.: 4 Sa 117/23), the Saxony Regional Labor Court decided that, after termination of an employment relationship, there is no legal interest in having a warning removed from
The Dresden Higher Regional Court (OLG) ruled in a judgment dated March 14, 2023 (Ref.: 4 U 1377/22) that a company's vacation lists do not constitute trade secrets. In addition, a legal
(for further details, see Götz, Datenschutzverstöße des Betriebsrats, Dissertation 2021, Nomos) 1. Introduction With the entry into force of the General Data Protection Regulation (GDPR) on 25 May 2018, a question particularly in
The Regional Labour Court of Baden-Württemberg confirmed the validity of a termination without notice of a works council member who had committed a data protection offence. The case The plaintiff works council member (plaintiff) had been employed since
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