GHAMS - 200.295.742/01

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GHAMS - 200.295.742/01
Courts logo1.png
Court: GHAMS (Netherlands)
Jurisdiction: Netherlands
Relevant Law: Article 15(1)(h) GDPR
Article 22 GDPR
Decided: 04.04.2023
Published: 04.04.2023
Parties: Uber drivers
Uber B.V.
National Case Number/Name: 200.295.742/01
European Case Law Identifier: ECLI:NL:GHAMS:2023:793
Appeal from:
Appeal to: Unknown
Original Language(s): Dutch
Original Source: Rechtspraak.nl (in Dutch)
Initial Contributor: Anton Ekker

Uber must provide meaningful information about the automated deactivation of drivers.

English Summary

Facts

Request by Uber drivers to Uber for information under Article 15(1)(h) GDPR (information on the existence of automated decision-making within the meaning of Article 22 GDPR) after their accounts were deactivated by Uber; scope of the right to information under Article 15(1)(h) GDPR. Are the deactivation decisions based solely on automated processing? Can Uber rely on an exception to the information right invoked by the drivers? How should the information request be acted upon?

Holding

The Court orders Uber to grant the information requests of [appellant sub 1] , [appellant sub 2] and [appellant sub 4] based on Article 15(1)(h) of the AVG within one month of service of this order in the manner described under par. 3.28, subject to a penalty payment in the amount of €4,000.00 for each day or part thereof that Uber fails to comply with this order.

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English Machine Translation of the Decision

The decision below is a machine translation of the Dutch original. Please refer to the Dutch original for more details.