In a recent case, the Koblenz Higher Regional Court (4 U 238/23, advisory decision) dealt with the question of whether a plaintiff is entitled to an injunction regarding the distribution of videos in which he can be seen. It becomes clear that the decision is of central importance for understanding declarations of consent in the digital age.
Facts
The plaintiff and the defendant had a business relationship. As part of this collaboration, the defendant published several videos on its YouTube channel that featured the plaintiff. These videos were recorded during various events at which the plaintiff acted as both a speaker and a participant. As part of these events, the plaintiff signed a consent form that allowed the defendant to distribute the recorded videos.
The plaintiff later withdrew his consent and asked the defendant to stop distributing the videos. The defendant refused, and the plaintiff filed suit.
Legal analysis
In its ruling, the Koblenz Higher Regional Court found that the plaintiff was not entitled to an injunction because consent to distribute the videos was effectively granted and revocation is not permissible. The court emphasized that the plaintiff’s declaration of consent was legally binding and revocation would only be possible under certain conditions, which did not apply here.
The court also stated that the data had been processed within the framework of an existing business relationship and that an alternative legal basis was therefore available in accordance with Article 6(1)(b) GDPR. Even if the plaintiff had effectively revoked his consent, the processing of the data would therefore still have been permissible.
Conclusion
The ruling by the Koblenz Higher Regional Court underlines the importance of declarations of consent in digital business relationships. Such consent can only be revoked under certain, strict conditions. Companies should therefore ensure that declarations of consent are clearly formulated and that the legal consequences are made transparent for all parties involved. For private individuals and companies alike, awareness of the implications of such declarations is essential in order to avoid misunderstandings and legal disputes.
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