Optician wins against data protection hopper before ECJ

Even a request for data access can constitute an abuse of rights if the person submits it solely to claim damages for an alleged GDPR violation. Optician Rottler won his case before the European Court of Justice.

This article is part of the special topic Current data protection law

The optician company Rottler Glasses has successfully defended itself against Compensation a so-called "GDPR hopper" in front of the European Court of Justice (ECJ) He fought back. The issue was data protection. The term "hopper" refers to individuals who take legal action against numerous companies solely to claim compensation based on a formal legal argument. In this case, a man had subscribed to a newsletter only to subsequently demand information about data processing and ultimately compensation. General Data Protection Regulation (GDPR) to demand. Now the ECJ has clarified: Even the first request for information can abusive .

The case

A Viennese man volunteered for Newsletter at Rottler Glasses from Arnsberg. He consented to data processing by ticking a box. Just 13 days later, he demanded from the optician Access about his data Art. 15 DSGVOThis standard gives every person the right to comprehensive information about their processed data. personal data to demand.

The Company refused The information was provided with the argument that the man was acting systematically and therefore abusive He claimed it was a GDPR-hopping business model. There were many references to him and similar cases online. The man also demanded €1.000 in damages. Art. 82 DSGVO because of the refusal to provide information. The dispute went to court.

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The Arnsberg District Court appointed the European Court of Justice (ECJ) Several questions regarding the interpretation of the GDPR were raised. Among other things, it sought to clarify under what conditions a company can request information. verweigern may.

The judgment

The European Court of Justice has ruled that even a first request for information "excessive" and thus abusive This can be the case, for example, if a person wants to "artificially create the conditions for obtaining compensation under the GDPR." Proof However, the company must take responsibility for such excessive behavior. It may also... public sources use those that report on the behavior of hoppers. In such cases, the company may either Remuneration request or obtain information verweigern, Art. 12 para. 5 GDPR.

However, the ECJ emphasizes: This rule is a Exception, And the requirements for this are high: The manner in which the information request is made must demonstrate that it is not being used normally. This includes, for example, the short time interval between data entry and the information request, as well as the person's behavior. Public information These factors can also play a role here, even if they are not sufficient on their own. Additionally, the person must targeted They attempt to gain the right by artificially creating the conditions. Here, too, the circumstances of the individual case are decisive.

Compensation is also payable in cases of violation of the right to information.

Furthermore, the ECJ clarifies: One Compensation to Art. 82 DSGVO This also applies when a company acts against Disclosure obligations violates. Intangible damage can occur, for example, if someone violates the Control loses his data. However, the affected person must provethat you actually have a Schaden which occurred. And: there is compensation for damages. nicht, if your own Behavior the person is the decisive cause of the damage. 

The Arnsberg District Court must now decide, based on the ECJ standards, whether the man is entitled to compensation.

European Court of Justice, judgment of 19 March 2026, Case No. C 526/24, Brillen Rottler

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