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Berlin: Public Prosecutions Office lodges appeal against dismissal of €14.5M fine proceedings against Deutsche Wohnen

The Berlin data protection authority ('the Berlin Commissioner') announced, on 3 March 2021, that Berlin's Public Prosecution Office had lodged an appeal against the decision of the Regional Court in Berlin to dismiss the €14.5 million fine proceedings against Deutsche Wohnen SE for General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') violations. In particular, the Berlin Commissioner highlighted that it welcomes the appeal against the Regional Court's decision to dismiss the fine because the Berlin Commissioner had not specified the specific acts of those in management at the company that led to a violation of the GDPR. Furthermore, the Berlin Commissioner noted that if the decision of the Regional Court is upheld, this could lead to Germany, unlike other Member States, being unable to effectively fine large companies due to their complex corporate structures, which would prevent the uniform application of the GDPR across Member States.

You can read the press release, only available in German, here.