BGH: Managers’ Personal Data in Commercial Registers

Apr 19, 2024 Benn-Ibler Rechtsanwälte

According to the German Federal Court of Justice (Bundesgerichthof, hereinafter BGH), listing personal data of managing directors in the commercial register must be tolerated. Neither under national law nor under the GDPR is there a right to data deletion.

 In the case at hand, a managing director had requested the deletion of his personal data from the German commercial register. He had been on the register since September 2012, listing his date of birth and place of residence. Due to his company’s work in the field of explosives manufacturing, he feared for his personal safety. Because of the substances the company produced, he was at risk of becoming a victim of robbery or kidnapping. It was for this reason that his personal data had already been blocked in the German residents’ register.

Lower courts rejected his appeal.

The BGH was in agreement with their reasoning, arguing as follows:

Managing directors of limited liability companies under Art. 17 para. 1 GDPR are not entitled to have their date of birth and place of residence deleted from the commercial register. The place of residence of the managing director of a limited liability company must be entered in the commercial register.

Nor is there any right of objection pursuant to Art. 21 para. 1 GDPR if data processing is based on Art. 6 para. 1 lit. c GDPR, as in this case, to fulfil a legal obligation of the data controller.

Reliable public registries are essential. Business partners must be able to obtain correct information.

The question of whether it would be possible to delete a listing in the event of actual risks remained unanswered. However, the commercial register only contains information on places of residence. It does not contain specific addresses.

Therefore, no right to deletion could be derived from the provisions of the GDPR or from national law, according to the BGH.

BGH II ZB 7/23 (23 January 2024)