Topic: Warning ability DSGVO
Authority: Miscellaneous

In various judgments of German (higher) state courts, the ability to issue warnings for GDPR infringements was judged differently.
This was denied on 7 August 2018 in Bochum and on 5 November 2018 in Wiesbaden, since the GDPR conclusively describes the legal consequences.

The warning was affirmed on 13 September 2018 in Würzburg and on 25 October 2018 in Hamburg. The first court decided on the merits whether competitors should be able to issue warnings under the GDPR (which was affirmed), the latter court decided that if the GDPR regulates regulations on market conduct, this should also be admissible.

A ruling by the ECJ is still pending.

Sources:

Judgments of caution ability negated Bochum and Wiesbaden
Sentences of caution affirmed in the affirmative Würzburg and Hamburg