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Judgment of the Court of Justice of the European Union Published Regarding the Placing Online of Decisions on Criminal Convictions in Return for Payment

Judgment of the Court of Justice of the European Union Published Regarding the Placing Online of Decisions on Criminal Convictions in Return for Payment

The Court of Justice of the European Union ("CJEU") published Press Release No 100/26 dated 9 July 2026, regarding the Judgment of the Court in Case C-199/24 (Legal Newsdesk Sweden) ("Judgment").

The Judgment includes the following key points:

  •   The mere placing online, in return for payment, of decisions on criminal convictions, does not in principle constitute processing of personal data for 'journalistic purposes' within the meaning of the GDPR. It follows that such placing online is not such as to warrant derogations from the guarantees and remedies provided for by the GDPR.
  •   In the present case, a Swedish company operates, in return for payment, a database which enables searches to be carried out on persons who have been the subject of criminal proceedings, and to consult the conviction decisions concerning them. A person, who was convicted in 2011, requested the erasure of his personal data from that database, but the erasure was only carried out subsequently. That person then brought an action before the Swedish courts seeking damages on the basis of the GDPR.
  • In its defence, the company relied on the constitutional protection enjoyed by that database in respect of the freedom of expression, which under Swedish law precludes the application of the GDPR and leaves to the person concerned only the possibility of bringing proceedings for defamation. Harbouring doubts as to the compatibility of that legislation with the GDPR, the Swedish court referred questions to the Court of Justice.
  •  The CJEU observes that the GDPR requires Member States by law to reconcile the right to the protection of personal data with the freedom of expression and information, including for journalistic purposes. However, the Member States may not preclude the application of the GDPR in respect of the processing of data for purposes other than those referred to above.
  •  Furthermore, Member States cannot deprive the person concerned of remedies guaranteed by the GDPR, by leaving that person only the possibility of bringing criminal or civil proceedings for defamation. That person must be able to exercise the remedies which are granted to him or her under that regulation directly.
  • According to the Court, personal data are processed for 'journalistic purposes' where the objective of that processing is to inform the public or to disclose opinions or ideas, where the content is prepared according to ethical rules or codes of conduct and has been edited or adapted, or at least is in line with an editorial policy, and where the facts presented have been verified.
  • The Court stated that the online publication, in return for payment, of criminal conviction decisions does not appear to satisfy those conditions and, subject to verification by the referring national court, cannot be regarded as processing carried out for journalistic purposes.

You can access the full text of the Judgment here.

 

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr

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