REGULATORY WATCH BRIEF Low 37 ⚖️ Enforcement Action in effect

Berlin DPA finds microtargeting by major German parties illegal

The rulings signal that political parties in Germany may not use personal political data for targeted ads without consent, impacting future campaign practices.

ImpactLow 37
Type⚖️ Enforcement Action
Statusin effect in force
JurisdictionEU-DE

What happened

The Berlin Data Protection Authority issued decisions that the SPD, Greens, Die LINKE and CDU unlawfully used political microtargeting in the 2021 election. The authority ruled there was no legal basis, such as consent, for processing personal political interests for advertising. The AfD case remains pending.

Why it matters for trust and compliance

  • Its status is in effect. It is in force now.
  • The rulings signal that political parties in Germany may not use personal political data for targeted ads without consent, impacting future campaign practices.
  • It relates to GDPR. The regulations library explains what that law requires.

Who is affected

government advertising controller processor Social Democratic Party (SPD) Alliance 90/The Greens The Left (Die LINKE) Christian Democratic Union (CDU)

Recommended actions

  1. Review consent, cookie and tracking practices against the requirement.
  2. Check that privacy notices describe the practices this addresses.
  3. Inventory where this data is shared or sold and whether opt-outs are honoured.
  4. Inventory AI or automated decision systems in scope and their assessments.

Regulations library

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