LG Frankfurt am Main - 2-03 O 282/19
|LG Frankfurt am Main - 2-03 O 282/19|
|Court:||LG Frankfurt am Main (Germany)|
§ 620 of German Civil Code (Bürgerliches Gesetzbuch (BGB)
§ 626 of German Civil Code (Bürgerliches Gesetzbuch (BGB)
§ 13 (6) of German Telemedia Act (Telemediengesetz (TMG)
|National Case Number/Name:||2-03 O 282/19|
|European Case Law Identifier:||ECLI:DE:LGFFM:2020:0903.2.03O282.19.00|
|Original Source:||www.lareda.hessenrecht.hessen.de (in German)|
|Initial Contributor:||Ditto K Thomas|
A court in Frankfurt (LG Frankfurt am Main) held that according to the terms and conditions of a social network, an operator may ask a user to prove their identity during the registration process. Should the user refuse, the operator is entitled to terminate their account.
English Summary[edit | edit source]
Facts[edit | edit source]
The defendant operates social media website (the Platform). According to the terms and conditions of the defendant, the use of the Platform is based on a one-time registration with valid identification. The plaintiff registered as a user of the Platform. The defendant transferred the plaintiff's account to account verification proceedings and requested the plaintiff to confirm the authenticity of his account by presenting a copy of his ID or picture, or by entering a confirmation code from one of his devices. The plaintiff did not answer the defendant's request. This is why the defendant blocked and deleted the account without giving any further reasons. Thereafter, the plaintiff tried to contact the defendant to restore his account, but did not succeed.
Dispute[edit | edit source]
Can the plaintiff maintain anonymity on the Internet according to section 13 (6) TMG, which provides for the anonymous use of telemedia services?
Is section 13 (6) of the German Telemedia Act (Telemediengesetz - TMG) inapplicable now that the GDPR has become applicable?
Holding[edit | edit source]
The court concluded that the plaintiff has the right to register under a different name or to register in accordance with section 13 (6) of the German Telemedia Act under a pseudonym, and the defendant did not require the plaintiff to designate his profile with his own name, but only to disclose it to the defendant. Section 13 (6) of the German Telemedia Act (TMG) is not applicable in this case.
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English Machine Translation of the Decision[edit | edit source]
The decision below is a machine translation of the German original. Please refer to the German original for more details.