BAVARIAN OFFICE FOR DATA PROTECTION AUTHORITY
Unofficial translation
Final Decision
Reference number: LDA-1085.3-14994/19-H, A56 77356
Date: 27.01.2023
GDPR Case Register 111462
The Bavarian Office for Data Protection Supervision (‘BayLDA’) refers to the complaint of
(‘the complainant’) against (‘the respondent’) to the Irish
Data Protection Authority concerning the disclosure of his data and insufficient data protection infor-
mation.
1. Description of the facts: bought a lawn trimmer from . As he needed
spare parts for it, he contacted the company indicated in the
user manual. This company was .
, which is established in Bavaria. The subject of the com-
plaint was that the respondent passed on the complainant’s
contact details to a service point in UK providing spare parts.
This was not mentioned in the user manual (or in the data
protection information). The complainant had already con-
tacted the company at the time and was assured that the in-
formation under data protection law would be supplemented
and would not be directly passed on to the service partners.
By email of 20 October 2020, the Irish supervisory authority
2. Outcome of the investiga-
tion informed us that had withdrawn his submis-
sion. In this respect, it was not a formal complaint within the
meaning of Article 77 of the GDPR, but a request for review.
We have therefore only examined this matter of our own mo-
tion.
On the basis of the description of the facts, BayLDA finds
that there has been a failure to provide information under Ar-
ticle 13 GDPR.
Moreover, the disclosure of the complainant’s personal data
to the service partner was unlawful, as there was no data
protection basis within the meaning of Article 6(1) GDPR.
The incident described above appears to be an isolated
case — this was the first and only submission received by
...
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the BayLDA concerning this controller. In addition, the con-
troller has credibly improved this very quickly, so that it
can-not be assumed that there will be other similar events.
We therefore see no reason to impose a fine or to take
further care.