Court judgment: video inventions difficult to revoke!

Court judgment: video inventions difficult to revoke!

On July 31, 2024, the Higher Regional Court (OLG) Koblenz decided in a case relevant to publication videos that the revocability of consent in certain contexts is severely restricted. In the procedure, which was negotiated under file number 4 U 238/23, the court pointed out that a once granted consent to use personal data remains binding. The plaintiff had previously signed a declaration of consent, which included the publication of videos on YouTube and at the same time excluded his right to revoke. The plaintiff subsequently tried to revoke his consent and called for the deletion of the already published videos, which was not done.

The Koblenz district court initially dismissed the lawsuit, which the plaintiff read through an appeal procedure. He argued that adhering to the consent was unreasonable because he was in competition with the defendant. But the Koblenz OLG rejected its appointment as unfounded. The judges made it clear that the General Data Protection Regulation (GDPR) did not guarantee an automatic right to deletion data and that the plaintiff had not met the strict requirements for a revocation. A revocation is only possible under extraordinary conditions and with the appropriate reason.

binding consent in the legal context

The decision of the OLG Koblenz underlines the importance of a clear and unique declaration of consent, especially in the context of the Kunstreimbergesetz (KunsturHG) and the General Data Protection Regulation (GDPR). According to the judgment, the processing of personal data is considered permissible in the context of a business relationship under the aspect of a legitimate interest. The court takes into account that advertising videos can also serve journalistic purposes, which influences the application of data protection regulations.

The OLG pointed out that national injunctive relief claims were not applicable in this context, since the GDPR strives for a complete harmonization of the regulations with its application for application. It should be noted that the declarations of consent must be designed transparently in order to avoid misunderstandings. The data protection officers of the UIMC advise you to thoroughly check and take legal advice if there are uncertainties.

recommendations for companies

companies are advised to include clear regulations for use, duration and the possibilities of revocation in their declarations of consent. The granting of consent should not be lightly, but the data subjects should be informed extensively about the scope and scope of data processing. Effective consent must be formulated clearly and understandably, and it must be guaranteed that the consent is voluntarily and can be revoked at any time. In the event of a revocation, it must be ensured that the data processing will be set immediately. If consent is unnecessary, data processing can also be based on other legal foundations, such as the fulfillment of a contract.

The decision of the OLG Koblenz illustrates that the protection of personal data must be taken seriously. The regulations of the GDPR and the KunsturhG require careful handling of the consent of all those involved in order to avoid legal conflicts and unwanted consequences. In this context, data protection experts also recommend the possibility of checking legal claims in the event of doubts about the rightful data processing.