[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"$fnYrYvFWPcTqf0DlZaBc8V5ie3ZEuTU9QOtzg6c8ilNY":3},{"article":4,"iocs":42,"watch_terms":43,"solutions":44,"lesson":47},{"id":5,"title":6,"slug":7,"summary":8,"ai_summary":9,"brief":10,"url":11,"image_url":12,"published_at":13,"ingested_at":14,"relevance_score":15,"entities":16,"category_id":20,"category":21,"article_tags":25},"83786af5-4715-49c9-af97-2768383178fa","BGH - VI ZR 144\u002F23","bgh-vi-zr-144-23-3ae388","← Older revision Revision as of 06:54, 23 September 2026 Line 88: Line 88: }} }} The Federal Court of Justice held that a claim for injunctive relief under national law directed against the repeated transfer of personal data in violation of the GDPR cannot be rejected on the grounds that the provisions of EU law are exhaustive. The Federal Court of Justice held that the remedies under the GDPR are not exhaustive. Therefore, a claim for injunctive relief against the unlawful repeated transfer of personal data can be based on national law. == English Summary == == English Summary ==","The German Federal Court of Justice has ruled that claims for injunctive relief under national law against unlawful personal data transfers violating GDPR are permissible. The court overturned a lower court's decision, stating that GDPR remedies are not exhaustive and national legal avenues can be pursued. This decision allows individuals to seek injunctions against repeated data transfers to third parties, even without explicit GDPR opening clauses.","German Federal Court rules national law can supplement GDPR for data transfer injunctions.","https:\u002F\u002Fgdprhub.eu\u002Findex.php?title=BGH_-_VI_ZR_144\u002F23&diff=53165&oldid=53132","https:\u002F\u002Fgdprhub.eu\u002Fimages\u002F4\u002F4c\u002FCourts_logo1.png","2026-09-23T06:54:13+00:00","2026-09-23T08:00:09.411889+00:00",7,[17],{"name":18,"type":19},"GDPR","product","c5c77cdb-f7d7-4990-9436-c81dcbff1163",{"id":20,"icon":22,"name":23,"slug":24},null,"Policy","policy",[26,30,35,40],{"category":27},{"id":28,"icon":22,"name":18,"slug":29},"3f0f8451-91df-4b6c-9a73-ef3b2509b7f1","gdpr",{"category":31},{"id":32,"icon":22,"name":33,"slug":34},"53f9c4b6-8bc6-4964-9169-d09e5cd41d72","Compliance","compliance",{"category":36},{"id":37,"icon":22,"name":38,"slug":39},"614132b8-5837-4952-b8b5-c6c9a32a1d85","Privacy","privacy",{"category":41},{"id":20,"icon":22,"name":23,"slug":24},[],[18],{"controls":45,"vendors":46},[],[],{"slug":48,"title":49,"body":50,"framework_refs":51,"framework_notes":61},"german-federal-court-expands-gdpr-enforcement-national-injunctions-now-permissible-for-unlawful-data","German Federal Court Expands GDPR Enforcement: National Injunctions Now Permissible for Unlawful Data Transfers","The German Federal Court of Justice (BGH) ruled that individuals can pursue injunctive relief under national law against unlawful personal data transfers, even where GDPR does not explicitly provide for such a remedy. This decision clarifies that GDPR's enforcement mechanisms are not exhaustive, meaning organizations now face an expanded legal landscape of liability beyond direct GDPR sanctions. Companies transferring personal data to third parties without a lawful basis risk not only regulatory fines but also civil injunctions brought by affected individuals. This ruling matters because it significantly raises the stakes for non-compliant data sharing practices, particularly in cross-border or third-party transfer scenarios. Organizations that have relied on GDPR compliance alone as their legal shield must now reassess their exposure to national civil law claims.",[52,53,54,55,56,57,58,59,60],"GDPR Article 6 – Lawfulness of Processing","GDPR Articles 44-49 – Transfers of Personal Data to Third Countries","GDPR Article 79 – Right to an Effective Judicial Remedy Against a Controller or Processor","GDPR Article 82 – Right to Compensation and Liability","NIST Privacy Framework PR.DS-P1 – Data Processing Policies","NIST SP 800-53 PT-1 – Privacy Policy and Procedures","CIS Control 3 – Data Protection","ISO\u002FIEC 27701:2019 – Privacy Information Management","ITIL Service Value Chain – Governance and Risk Management",{}]