• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
easy GDPR - we make compliance with GDPR easy

easyGDPR

We make implementing General Data Protection Regulation Easy

  • Home
  • Services
    • Software
      • easyGDPR Quickcheck
      • (DEP) easyGDPR lite
      • (DEP) easyGDPR Standard
      • Data Subject Requests
      • Sophos
    • IT Security
    • network checkup
    • SME digitization funding
    • Data protection consulting
      • Data protection
      • Cybersecurity
    • Training
      • Data protection
      • Cybersecurity
  • Partner
    • Resellerprogramm
    • Affiliate programm
  • GDPR
    • GDPR News
    • FAQ
    • GDPR Decisions
    • GDPR penalties
    • GDPR legal text
  • Shop
  • Contact
    • Contact
    • Newsletter registration
  • Login
    • Shop / Affiliate Program
    • easyGDPR Software
  • German
  • English

D062.141/0001 Decision of the Federal Administrative Court (BVwG)

21/08/2020 by Martin Schindler

In a case against a well-known financial institution already conducted in 2018, the data protection authority ruled that the charging of account statements that can no longer be accessed electronically is inadmissible in the case of a request for information under data protection law.

In the underlying case, the financial institution had made the issuance of account statements subject to fees. The request for information pursuant to the then Section 26 of the Austrian Data Protection Act 2000 was not answered in terms of content. The proceedings subsequently went beyond May 25, 2018, and had to be decided under the new legal situation. The data protection authority recognized that the subsidiarity of the right to information under data protection law, which is inherent in the Data Protection Act 2000, is not also reflected in Article 15 of the GDPR and must therefore be granted free of charge. The financial institution invoked the lawfulness of the fees under the ZaDiG 2018, as it contains special standards under data protection law. This was not followed by the data protection authority.

The Federal Administrative Court confirmed the decision of the data protection authority with the proviso that the provisions cited by the financial institution do not contain any standards that are more specific to the right to information under Article 15 of the GDPR, but are similar to the information obligations under Articles 13 and 14 of the GDPR. The ordinary appeal was declared admissible due to the lack of case law on this issue.

Category iconAustria,  GDPR Decisions

Primary Sidebar

IT-Security Whitepaper Downloaden
  • German
  • English
  • Data Protection Statement
  • Terms and Conditions
  • Imprint
  • Licence terms for easyGDPR
  • GDPR terms
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking "Accept", you consent to the use of ALL the cookies.
SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non Necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.

functionality

Diese Art von Cookies erhöht die Benutzerfreundlichkeit unserer Website. Beispielsweise wird darin die von Ihnen ausgewählte Sprache gespeichert. Auch die Verfügbarkeit von Videostreams und sonstigem Inhalt kann von diesen Cookies abhängig sein. Wenn Sie diese Cookies ablehnen, ist die Benutzerfreundlichkeit eingeschränkt.

Save & Accept