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Emergency

The GDPR information does not come: what to do when the deadline passes

Everyone has the right to learn which data a company has stored about them (right of access). The company must respond within one month. If it lets the deadline pass, you can follow up, complain to the data protection supervisory authority, and under certain circumstances claim damages.

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Your chances of getting your money back

You are entitled to information about your stored data (Art. 15 DSGVO). The company must in principle respond within one month (Art. 12 DSGVO), free of charge.
If the information is not provided, you can complain to the competent data protection authority. With a provable damage from the violation, damages also come into consideration (Art. 82 DSGVO).

What you should do now

  1. 1

    1. Document the deadline

    Record when you requested the information. The one-month deadline begins when your request reaches the company.

  2. 2

    2. Follow up in writing

    Remind the company in writing of the overdue information and set a short additional deadline.

  3. 3

    3. File a complaint

    If it does not respond, complain to the competent data protection supervisory authority, this is free of charge.

  4. 4

    4. Check for damages

    If the delay causes you damage (including non-material), a claim for damages can exist. Document the effects.

How to spot the scam

  • The company demands money for the information, the first response is free.
  • A blanket extension of the deadline is claimed without reason.
  • You get only an incomplete partial response.

Frequently asked questions

How long may a GDPR information request take?

In principle, the company must respond within one month of receiving your request (Art. 12 DSGVO). For particularly complex requests, the deadline can be extended by two further months, but this must be communicated to you with reasons.

What can I do if no answer comes?

Follow up in writing with an additional deadline. If the information continues to be withheld, you can complain free of charge to the competent data protection supervisory authority and, if applicable, assert damages.

Do I get damages?

With a provable material or non-material damage from the violation, damages under Art. 82 DSGVO come into consideration. The amount depends on the individual case; mere delay alone is not always enough.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.