Privacy Policy Required For Contact Forms On Websites? German Courts In Disagreement

Over the last years, a number of German Courts had to decide whether the operator of a website that contains a contact form for the website's visitors shall be obliged to provide visitors a privacy policy that informs the visitor about type, scope and purposes of collection and use of personal data.

The question whether a breach of the underlying statutory information duties will trigger a competitor's right to file an injunction against the website operator is highly disputed among German Courts.

Judgment of Higher Regional Court Cologne of 11 March 2016

Under Section 13(1) German Telemedia Act (Telemediengesetz – TMG), a service provider is obliged to inform the user at the beginning of the use of the service about type, scope and purpose of collection and use of personal data in a generally understandable manner, if such information has not already been given.