Editing OLG Dresden - 4 U 324/21

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=== Facts ===
 
=== Facts ===
The parties concluded a contract for the purchase of a laptop. Due to a hard disk defect, the claimant arranged for a repair with the defendant. Before returning the hard disk to the defendant, the defendant informed the claimant that they did not offer data backup- and data recovery services, that customers were "''responsible for the security of their data''" and that it could happen that "''the hard disk may need to be deleted or replaced in the course of the repai''r". With this information, the claimant sent the hard disk to the defendant for repair. The hard disk contained the claimant’s personal data. Upon completion, the defendant returned a different hard disk to the claimant. This new hard disk did not contain the claimant's personal data. At trial, the claimant demanded compensation for unlawful processing of his personal data and information about its disclosure. He also claimed the surrender of the hard disk and applied for an injunction against the storage, disclosure or publication of the data on this hard drive. All claims were dismissed at trial.
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The parties concluded a contract for the purchase of a laptop. Due to a hard disk defect, the claimant arranged for a repair with the defendant. Before returning the hard disk to the defendant, the defendant informed the claimant that the defendant did not offer data backup and data recovery services, that customers were "responsible for the security of their data" and that it could happen that "the hard disk may need to be deleted or replaced in the course of the repair". With this information, the claimant sent the hard disk to the defendant for repair. The hard disk contained the claimant’s personal data. Upon completion, the defendant returned a different hard disk to the claimant. This new hard disk did not contain the claimant's personal data. At trial, the claimant demanded compensation for unlawful processing of his personal data and information about its disclosure. He also claimed the surrender of the hard disk and applied for an injunction against the storage, disclosure or publication of the data on this hard drive. All claims were dismissed at trial.
  
 
The appellate court had to decide whether, ''inter alia'':
 
The appellate court had to decide whether, ''inter alia'':

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