Berlin DPA: 521.1255 / 631.186.3
Austrian DPA: D155.023
Berlin Commissioner for
Data Protection and
Freedom of Information
Novum Import GmbH
Address unknown Friedrichstr. 219
10969 Berlin
Berlin, 1 October 2021 Visitors’ entrance:
Puttkamer Str. 16-18
The building is fully accessible to
FINAL DECISION disabled members of the public.
Contact us
In line with Article 60(8) GDPR the Berlin DPA adopts the following Final
Phone: +49 (0)30 13889-0
Decision that has previously been submitted by the LSA, the Austrian DPA, Fax: +49 (0)30 215 50 50
as Draft Decision. This Final Decision has been slightly edited for clarity.
Use our encrypted contact form
for registering data protection
RULING complaints:
www.datenschutz-berlin.de/be-
schwerde.html
The Data Protection Authority decides on the data protection complaint of For all other enquiries, please
[redacted] (complainant) dated 12. December 2019 against Novum Import send an e-mail to:
[email protected]
GmbH (opponent) for violation of the right to deletion as follows:
Fingerprint of our
PGP-Key:
- The complaint is dismissed.
D3C9 AEEA B403 7F96 7EF6
C77F B607 1D0F B27C 29A7
Legal basis: Articles 51(1), 57(1)(f) and 77(1) of Regulation (EU) 2016/679
(General Data Protection Regulation, hereinafter: GDPR).
Office hours
REASONS Daily from 10 am to 3 pm,
Thursdays from 10 am to 6 pm
(or by appointment)
A. Claims of the parties and proceeding
How to find us
1. The complainant alleged in his complaint of 12. December 2019 with the
The underground line U6 to
Berlin Commissioner for Data Protection and Freedom of Information, Kochstraße / Bus number M29
which initiated the proceedings, that the opponent had violated his right to and 248
erasure, as well as by unlawful processing, by not responding to his
multiple requests to delete his e-mail addresses from the advertising Visit our Website
mailing list. The complainant received advertisements from the opponent https://privacy.de
several times a day without having registered his two e-mail addresses
[email 1] and [email 2] for this purpose. The same advertising with changed
sender address for toe spreaders had already been sent to the complainant
about 100 times. It was not possible to unsubscribe, neither could the
complainant unsubscribe himself directly through a link (unsubscribe link)
on the newsletter, nor did the opponent, which had been contacted via a
contact form on the website <http://zehen-abstandhalter-de, complied with
the multiple requests for deletion. In the legal notice, the opponent was
indicate with its registered office in Vienna and the tax number: 24728164-
2-42. The complainant is almost not able to use his own webshop anymore,
as he needs the two e-mail addresses for this purpose.
The complainant stated on 7 February 2020 that he received six to twelve
advertising e-mails per day from the opponent under the subject "Team for
-2-
Health Tips". In addition, further e-mails for other products (solarlights,
drain cleaners, mouth-nose protection masks) have been sent.
In his statement of 23. April 2020, the complainant stated that he continues
to receive advertising e-mails from different websites (www.solar-lampe-
mit-bewegungsmelder.com, http://professioneller-messerschleifer1-
de.com/index.php?page=contact and https://masken-infos-
de.com/media/tac.php), all operated by the opponent. Despite multiple
clicks on the “Unsubscribe link”, advertising messages were still sent by e-
mail.
The complaint attached a set of screenshots of the website, footage of the
received advertising, as well as the request for deletion by the contact form
on the opponent’s homepage as well as a copy of the police report against
the opponent.
2. The Berlin Commissioner for Data Protection and Freedom of
Information uploaded the case in the "Internal Market Information (IMI)
System", which is used in the context of the consistency mechanism to
handle cross-border procedures under the provisions of GDPR. The imprint
of the opponent indicated, that the headquarters are in Vienna.
3. The Austrian Data Protection Authority has not been able to send the
request to the opponent because the address of Novum Import GmbH is
unknown and a Company Registry consultation was also negative. This
means that in the course of the check of the Company Registry on 30. June
2021, no company under this name is or was registered in the Company
Register. Likewise, the query of < > on June 30, 2021 did not
lead to any search results. In addition to these data given in the imprint, the
specified tax number <24728164-2-42> is also incorrect. Such a number is
not awarded in Austria. Also, a “Whois” domain query has been carried out
by the website addresses <http://zehen-abstandhalter-de> and
<http://www.v9-laser-detector-de.com/index.php?page=rules>. The website
<http://zehen-abstandhalter-de> is not active anymore.
The documented investigation steps of the Data Protection Authority are as
follows:
Checking the website <http://zehen-abstandhalter-de>:
-3-
Imprint from the page < http://www.v9-laser-detector-
de.com/index.php?page=rules>:
Company Registry query of < Novum Import GmbH>:
Company Registry person query of < >:
Whois query <http://www.v9-laser-detector-de.com>:
B. Subject of appeal
The object of the appeal is whether the complainant has been infringed in
his right to deletion.
C. Findings of facts
The Austrian Data Protection Authority shall base its decision on the facts
set out in point A and documented in the files.
-4-
The opponent’s name, as well as the imprint, could not be assigned to any
natural or legal person.
Assessment of evidence: The findings are based on the complaint initiating
the proceedings of 12 December 2019, as well as the complainant’s
supplements dated 7 February 2020 and 23 April 2020 and the official
research dated 30 June 2021 (Company Registry, query of persons in the
Company Registry, Whois query).
D. From a legal point of view, it follows:
In accordance with Article 77(1) GDPR, without prejudice to any other
administrative or judicial remedy, each data subject shall have the right to
lodge a complaint with a supervisory authority if the data subject considers
that the processing of personal data concerning him or her infringes this
Regulation.
In accordance with Article 57(1)(f) GDPR, the supervisory authority must
deal with a complaint and examine the subject-matter of the complaint to an
appropriate extent. In Recital 141 in the second sentence, it is stated in
more detail that the investigation following an appeal should go as far as is
appropriate in individual cases.
The opponent could be identified by the complainant by the information
contained in the imprint of the website (name). Despite a search in the
Company Registry, a person query in the Company Registry and a Whois
query, the controller could not be determined.
Although all conceivable investigations have been carried out, however, it
has not been possible to locate the opponent. A further investigation of the
complaint is not possible. The Data Protection Authority has fulfilled its
obligation under Article 57(1)(f) GDPR and investigated the complaint to the
appropriate extent.
It was to be decided according to the ruling.