Beweisverwertungsverbote im Lichte der DSGVO
Prohibitions on the Use of Evidence in the Context of the GDPR
Author(s): Lena WerderitschSubject(s): Law, Constitution, Jurisprudence, Civil Law, Human Rights and Humanitarian Law, ICT Information and Communications Technologies, EU-Legislation, Court case, Comparative Law
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: GDPR; unlawfully obtained evidence; civil procedure; CJEU
Summary/Abstract: The admissibility of unlawfully obtained evidence has long been a subject of controversy, and the General Data Protection Regulation (GDPR) has recently intensified this debate. Under the prevailing Austrian “principle of separation”, a distinction is drawn between the (substantively) unlawful acquisition of evidence and its admissibility in procedural law. This article analyses the extent to which the GDPR and the current case law of the CJEU call this concept into question.
Journal: Acta Universitatis Carolinae Iuridica
- Issue Year: 72/2026
- Issue No: 2
- Page Range: 109-125
- Page Count: 17
- Language: German
