Financial Enterprise: Insufficient legal basis for data processing

A client of a financial enterprise complained that the financial enterprise transferred his data after he objected against the processing and did not provide information on the processing of his data at his request. According to the financial enterprise, it sold its claim stemming from the contract concluded with its client to a third party, therefore such transaction necessitated the transfer of the relevant client data. NAIH highlighted that the financial enterprise sold the concerning claim and transferred the respective data after the non-fulfilment of the concerning contract by the client; this also means that the financial enterprise cannot rely on the performance of the contract concluded with the client. The relevant legal basis would have been the legitimate interest of the controller, where a balancing test is also necessary, describing its interest in transferring the claim and the relevant data to a third party.

GDPR Articles: Art. 5 GDPR, Art. 6 GDPR, Art. 21 GDPR
Industry: Finance, Insurance and Consulting