Support Centre

You have out of 5 free articles left for the month

Signup for a trial to access unlimited content.

Start Trial

Continue reading on DataGuidance with:

Free Member

Limited Articles

Create an account to continue accessing select articles, resources, and guidance notes.

Free Trial

Unlimited Access

Start your free trial to access unlimited articles, resources, guidance notes, and workspaces.

Saxony-Anhalt: Administrative Court confirms order by the LfD Sachsen-Anhalt regarding processing of telephone numbers for advertising purposes

On June 14, 2024, the Sachsen-Anhalt data protection authority (LfD Sachsen-Anhalt) announced that the Magdeburg Administrative Court confirmed an order issued by the LfD Sachsen-Anhalt regarding the processing of telephone numbers by an operator of an internet portal for advertising purposes following several complaints.

Background to the decision

The LfD Sachsen-Anhalt explained that complainants alleged they were called by the internet portal operator using their private telephone numbers with the aim of getting them to place an advert on the internet portal operator's website, without having had any business relationship with the operator beforehand (also known as 'cold calls').

The LfD Sachsen-Anhalt outlined in its order that these types of unexpected calls are not permitted under data protection law and that the telephone numbers of natural persons may be used for advertising purposes only if there is the prior express consent of the individual or, in certain cases, if the consent can be presumed.

Findings of the court

The LfD Sachsen-Anhalt outlined that the court held that the conditions for consent were not met and that it could not see any interest in why holiday accommodation landlords should place advertisements on the internet portal of the company, thus agreeing with the LfD Sachsen-Anhalt's decision.

Furthermore, the court found that the company has other advertising options that comply with data protection regulations and would not put the company's business model at risk.

Outcomes

In a legally binding decision, the court prohibited the operator of the internet portal from processing telephone numbers of natural persons for advertising purposes, in particular, from calling them, unless the portal operator can prove that they obtained prior consent or can at least conclude that the natural persons presented factual interest based on specific circumstances.

You can read the press release here.