ECJ National Data Retention Regulations Infringe Union Law - Scope For Design Remains

By judgement dated 20 September 2022 (docket No. C-793/19, C-794/19), the European Court of Justice (ECJ) ruled that the German regulations on the preventative storage of location and traffic data, known as data retention, are contrary to Union law. The Court of Justice herewith confirms its previous case law (most recently ECJ, judgement of 05 April 2022, case C-140/20), as was to be expected.

At the same time, the ECJ formulates conditions according to which it is possible to deviate from the fundamental ban on retaining data without specific reason. In this way, the ECJ provides the national legislator with decisive recommendations for action to reform the law.

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