In the summer of 2022, the German Consumer Organization Association (VZBV) filed a lawsuit against Tesla. According to the association, the activated "guard mode" of the vehicles violates data protection regulations. Tesla drivers are therefore unable to obtain the consent of passersby for the cameras to record their vehicles.

The Berlin Regional Court agreed with the VZBV on this issue. Tesla is now required to adapt its advertising for the vehicle's surround-view cameras accordingly.

“Guardian mode”: Use only possible with data protection violation

According to a statement from the Consumer Protection Association, Tesla signed the cease-and-desist declaration demanded by the consumer advocates following the oral hearing before the Berlin Regional Court. "Surveillance of third parties through cameras without their knowledge is unlawful," explained Ramona Pop, chairwoman of the Consumer Protection Association. She added:

Consumers could only use Tesla's "Sentinel Mode" if they were to commit a significant data breach. Activating the mode would have resulted in a fine. However, this fact was not disclosed in the "Sentinel Mode" advertisement.

Tesla changes note on “Sentinel Mode” in user manual

Following the ruling, Tesla updated the "Sentinel Mode" notice in the owner's manual on Tesla's German website. It now states: "You are solely responsible for reviewing and complying with all local regulations and property restrictions regarding the use of cameras."

Whether vehicle owners will activate "Sentinel Mode" in the future remains to be seen. The feature is essentially designed to prevent theft and is equipped with cameras that monitor the vehicle's surroundings. The captured images can also be accessed via a smartphone.

Lawsuit over CO2 emissions failed

At the same time, the VZBV filed a lawsuit for misleading advertising regarding CO2 emissions when purchasing a Tesla, but the Berlin Regional Court dismissed the lawsuit.

Consumer advocates had accused Tesla of claiming zero grams of CO2 emissions from its vehicles while simultaneously selling CO2 certificates to other car manufacturers, which could increase their emissions.

However, the regional court did not consider this representation to be misleading to consumers, explained Ramona Pop. However, the VZBV plans to appeal this ruling.

Der Beitrag „Wächter-Modus“: Tesla muss Werbemaßnahmen aufgrund von Datenschutzvorgaben einstellen erschien zuerst auf R&U.

Verdict

By judgment of March 18, 2025, the Administrative Court dismissed Amazon Europe Core SARL's appeal against the decision of the National Commission for Data Protection (CNPD) of July 15, 2021. This decision imposed an administrative fine of EUR 746,000,000, ordered remedial measures subject to a penalty of EUR 746,000 per day, and ordered the publication of this decision.

The Court confirmed the CNPD's analysis that Amazon Europe Core SARL had infringed Articles 6, 12 to 17 and 21 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) when processing personal data for interest-based advertising purposes.

The violations alleged against Amazon Europe Core SARL concern non-compliance with the legal basis for the processing of personal data, non-compliance with the transparency and information obligations towards the persons affected by the processing of their personal data, violation of the right of access to the data processed, violation of the right to rectification and erasure of the personal data processed and violation of the right to object to the processing of personal data.

The Court also found that Amazon Europe Core SARL had failed to take the necessary corrective measures to comply with Articles 6, 12 to 17 and 21 of the GDPR.

The court finally ordered the suspensive effect of the appeal during the time limit and the appeal proceedings.

An appeal against the Administrative Court’s judgment of 18 March 2025 may be lodged with the Administrative Court of Appeal.

Translated from French: https://justice.public.lu/fr/actualites/2025/03/tribunal-administratif-jugement-amazon-amende-cnpd.html

Conclusion

The Administrative Court's ruling underscores the importance of strict compliance with GDPR requirements, particularly with regard to transparency, information obligations, and the rights of data subjects. The decision makes it clear that companies like Amazon face significant consequences if they violate data protection regulations. The imposed fine and the remedial measures ordered send a clear signal about the importance of data protection at the European level.

Der Beitrag Verwaltungsgericht bestätigt hohe Geldstrafe gegen Amazon wegen Verstößen gegen die DSGVO erschien zuerst auf R&U.