Brigitte A. v. N & Co Material GmbH
Case summary
The Austrian DPA found the respondent at fault for not providing information and notifications in languages that are relevant to the countries where the services are being offered, based on the nationality or place of residence of the data subject.
Our analysis
The respondent violated Article 14 of GDPR by using a deceptive pattern of language discontinuity, as they provided the complainant with information in Polish, despite the complainant residing in Austria and speaking German. The respondent further processed the complainant's data for five months without informing her. Although the respondent subsequently provided the required information in German during the proceedings, they violated the law by not initially providing information in a language that the complainant could understand. However, the complaint was dismissed as the complainant did not claim linguistic inability and the subsequent information was considered to be sufficiently comprehensible.
Outcome
The Austrian DPA stated that the respondent can fix the alleged violation by following the complainant's requests until the investigation is finished.
Parties
Brigitte A. (complainant) and N & Co Material GmbH (respondent)