Telekom is not allowed to transmit any personal data to Google in the USA
In the future, Deutsche Telekom will no longer be allowed to transmit any personal data to Google in the USA. This emerges from a judgment of the district court in Cologne. The consumer center NRW had previously filed a lawsuit. The backgrounds.
If you call up the “www.telekom.de” website, Deutsche Telekom transmits your personal data to Google in the USA in order to be able to use the analysis and marketing services of the US group. But this approach is apparently illegal.
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Verdict: Telekom may not transmit any personal data to Google in the USA
That is at least according to a recent judgment (33 O 376/22) of the Regional Court of Cologne. Previously had the Consumer Center North Rhine-Westphalia lawsuit filed. Wolfgang Schuldzinski, board member of the consumer organization in North Rhine-Westphalia, said:
Companies must ensure that our data protection standards are also observed across national borders. If they do not meet the special requirements, valuable consumer data may not be transmitted.
The Cologne Regional Court was one of the first courts to find a violation of the so-called “Schrems II” judgment of the European Court of Justice (ECJ). This goes back to a lawsuit brought by the Austrian data protection activist Max Schrems.
USA does not comply with European data protection
In 2020, the ECJ came to the conclusion that data protection in the USA is not compatible with European law. The district court of Cologne also referred to this. The decision: Telekom does not comply with the requirements of the General Data Protection Regulation (GDPR) by transferring data to Google in the USA.
The company has also not taken sufficient measures to transfer the relevant data in compliance with the GDPR. Approval via a cookie banner with the “Accept all” button is therefore not sufficient. According to LG Cologne, more extensive consumer education is necessary.
Telekom: Unlawful use of Google Ads and Analytics without consent
In the “Schrems II” judgment, the ECJ found that US laws on the handling of personal data violate the GDPR. Accordingly, access to the relevant data from non-Americans is not restricted on the one hand.
On the other hand, non-Americans are not granted any enforceable rights against such access. The review of Telekom’s data traffic has now again shown that data such as the IP address or information about the end device or the browser used was still being transmitted for the use of the “Google Ads” advertising service.
This enables advertisers to place ads that are based on the search results of their own services. Appropriate advertising will then be displayed to you based on your search behavior and your personal data. However, Telekom’s current approach is not consistent with this. This also applies to the use of Google Analytics. However, the judgment is not yet final.
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