Waldfelber

Request for a preliminary ruling from the Obersten Gerichtshofs (Austria) lodged on 7 March 2025 – RS v TS(Case C-185/25, Waldfelber) 1 Language of the case: German Referring court Oberster Gerichtshof Parties to the main proceedings Applicant: RSDefendant: TSQuestions referred 1.    Is Article 4(7) of Regulation (EU) 2016/679 1 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (‘the GDPR’), to be interpreted as meaning that natural persons, who, in the exercise of their duties, process personal data by means of the tools made available and prescribed to them, not in their own personal interest but as the head of an organisation (an institution or other entity without legal personality), but which is backed by a legal entity, are ‘controllers’ who can be held liable in court?2. (a)     Is Article 15(1)(g) of the GDPR to be interpreted as meaning that, in a case in which the processed data consists of a factual statement about or an evaluative assessment of the data subject in an email, ‘all available information on the origin of the data’ refers only to the author of the email, or does it also include the group of persons with whom the author has discussed the data subject?2. (b)     In the event that names of the parties to the conversation that have not been stored constitute ‘available information on the...