Case law

  • Case Details
    • National ID: link
    • Member State: Slovenia
    • Common Name:link
    • Decision type: Administrative decision, first degree
    • Decision date: 26/03/2014
    • Court: Administrative court
    • Subject:
    • Plaintiff: Unknown
    • Defendant: Information Commissioner
    • Keywords: consumer rights, distance contracting, information obligation, information requirements, personal data
  • Directive Articles
    Consumer Rights Directive, link Consumer Rights Directive, Chapter 3, Article 6
  • Headnote
    (1) All provisions in connection with consumer protection must be interpreted in such a way as to achieve the purpose and objective for which such laws were passed, which is the protection of consumer rights and not the possible interests of counterparties. There is no legal basis for the gathering of personal data of consumers in order to comply with consumer protection requirements.
    (2) The trader shall provide the consumer with a copy of the signed contract or the confirmation of the contract on a durable medium in a reasonable time after the conclusion of the distance contract and at the latest at the time of the delivery of the goods or before the performance of the service begins. However, this does not mean that this requirement can only be satisfied by sending a written notice on paper or on a USB flash drive, CD etc. It can also be satisfied by sending electronic mail with the appropriate file format.

  • Facts
    The parties concluded a contract for the rental of a bike. The contract was concluded through an online application form and therefore falls within the scope of the definition of a distance contract. The plaintiff, as the service provider, requested certain personal data from the consumers with an explanation that such data need to be provided in order for the plaintiff to comply with the relevant consumer protection provisions. In the present case, it was disputed whether the plaintiff had a legal basis for the collection of these personal data on gender, mobile phone number and (in the case of payment of the annual subscription with a credit card), home address of the users of the bike rental service, or whether the plaintiff could also have provided to the consumers all of the information needed prior to the conclusion of a contract, without knowing their gender, phone number or home address.

  • Legal issue
    The court found the assertion that the information about the home address of the consumer is required for the purposes of performing the contract in line with the provisions relating to the requirement of providing information to the consumer prior to the conclusion of the contract unsubstantiated. The court decided that it cannot be argued that the information necessary to be provided to the consumer regarding the contract cannot be sent to the e-mail address in an appropriate form, which enables storage of the information and keeps its presentation unchanged. If the consumer would want to receive the information and contractual conditions on paper, he could voluntarily name the address to which the information is to be sent. Furthermore, the court noted that the principle of proportionality between the protection of personal data and protection of consumer needs to be observed. The court found that the plaintiff had no legal basis for gathering personal data of the consumers in order to comply with the consumer protection requirements and that the defendant rightfully issued the appealed decision.
  • Decision

    (1) Is it necessary to request personal data of the consumer in order to comply with the requirements of providing the relevant information to the consumer?
    (2) How should all the relevant information be provided to the consumer in order to satisfy the requirement that the consumer needs to receive all the required information on a durable medium in a reasonable time after the conclusion of the distance contract?


    Full text: Full text

  • Related Cases

    No results available

  • Legal Literature

    No results available

  • Result
    The plaintiff’s request was denied.