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technologyRetail · 2020

H&M Hennes & Mauritz AB

The Hamburg DPA (HmbBfDI) imposed Germany's largest-ever GDPR fine against H&M for systematically recording hundreds of employees' private life details at its Nuremberg service centre — including family matters, religious beliefs, health conditions, and personal life notes gathered during 'welcome back talks' and routine conversations — storing them in a networked file server accessible to up to 50 managers and using them to make HR decisions. The data collection had continued for years and came to light only when a configuration error temporarily made the records accessible to all company staff in October 2019. H&M acknowledged the violations and introduced remedial measures.

Fine Imposed€35.3M
Authority

HAMBURG-DPA-DE

Regulation

Bundesdatenschutzgesetz (Federal Data Protection Act 2018)

Max fineGDPR maxima apply (€20M / 4% global turnover); BDSG §43 adds up to €300,000 for certain specific violations
Statusactive
Key Takeaways
  • Systematic recording of employees' personal life details, health information, and beliefs by managers for HR decision-making is one of the most serious possible GDPR violations — employee data protection requires strict purpose limitation and no retention of personal life information beyond what is strictly necessary for the employment relationship.