Reference for a preliminary ruling from the Bundesgerichtshof (Germany), lodged on 6 March 2012 - Josef Probst v mr.nexnet GmbH
(Case C-119/12)
Language of the case: German
Referring court
Bundesgerichtshof
Parties to the main proceedings
Appellant on a point of law: Josef Probst
Respondent in the appeal on a point of law: mr.nexnet GmbH
Question referred
Does Article 6(2) and (5) of Directive 2002/58/EC permit the passing of traffic data from the service provider to the assignee of a claim for payment in respect of telecommunications services in the case where the assignment effected with a view to the collection of transferred debts includes, in addition to the general obligation to respect the privacy of telecommunications and to ensure data protection as provided for under the applicable legislation, the following contractual stipulations:
the service provider and the assignee undertake to process and use the protected data only within the framework of their cooperation and exclusively for the purpose of the contract and in the manner prescribed therein;
as soon as the information in the protected data is no longer required for such purpose, all protected data held in that connection are to be irreversibly erased or returned;
each contracting party is entitled to check that the other party has ensured data protection and data security in accordance with this agreement;
confidential documents and information transferred may be made accessible only to such employees as require these for the purposes of performing the contract;
the contracting parties are to require those employees to maintain confidentiality in accordance with this agreement;
on request, or at the latest on termination of the cooperation between the contracting parties, all confidential data held in that connection are to be irreversibly erased or returned to the other party?
____________1 - Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ 2002 L 201, p. 37).