Our client (a public limited company) is a well-known construction planning company. Due to the theft of a company laptop by the former partner of a company employee, there was a threat of data misuse on an enormous scale to the detriment of our client. Company-relevant data on the company laptop had already been transferred to an external hard drive by the data thief without permission.
After a warning from the former partner of the company employee was unsuccessful, we applied to the Regional Court of Frankfurt am Main for an interim injunction against the threatening misuse of data. Specifically, we requested, among other things, that the defendant (data thief) refrain from processing (excluding data processing in the form of deletion) and/or disseminating and/or otherwise using personal data of our client on its business and financial circumstances without its prior consent, upon avoidance of an orderly fine to be determined for each case of infringement and, if this cannot be recovered, an orderly detention or orderly imprisonment of up to six months.
The District Court of Frankfurt am Main subsequently issued the requested interim injunction within a few days. The defendant has in the meantime – at our request – recognized the interim injunction as the final and definitive legal settlement between the parties.