• 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

DSB-D123.822/0005-DSB/2019, No right to partial deletion of certain data under a customer rewards program.

21/08/2020 by Martin Schindler

In its decision dated July 23, 2019, GZ DSBD123.822/0005-DSB/2019, the data protection authority had to deal with the question of whether there is a right to
exists that certain data is deleted within the framework of a customer bonus program.

The respondent is a retail company that operates a customer rewards program. The complainant participated in this customer bonus program and subsequently requested the deletion of certain personal data (including with regard to the place and time of purchase), while other personal data (including master data) were to continue to be processed in the respondent’s system. The respondent argued – in summary – that it was not possible to partially delete personal data due to the structure of the database.

The DPA first held that a partial request for erasure with respect to certain data is possible in principle and that a controller cannot evade its obligations postulated in the GDPR by not taking appropriate technical and organizational measures to comply with the requests under Art. 12 para. 3 GDPR to be able to comply.

At the same time, it was stated that the consequence of a complete cancellation, which was offered by the respondent, does not, however, constitute an impediment or hindrance to economic progress. In other words: The only consequence of a complete deletion is that participation in the customer bonus program is no longer possible, but according to current general life experience, such non-participation is not associated with any significant economic disadvantages.

The complete deletion from a creditworthiness database, for example, is to be assessed differently, as the lack of a hit for a query means that a contract is not concluded.
contract (see the decision of December 5, 2018 on GZ DSB-D123.211/0004-DSB/2018, not legally binding).

As a result, the data protection authority granted the respondent leeway for the design of its customer bonus program within the framework of private autonomy and within the scope of its freedom of acquisition and did not require the respondent to take appropriate technical and organizational measures, i.e., to redesign its system to enable partial deletion.

The appeal was therefore dismissed and the decision is final.

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