Tyre change and the GDPR

Many drivers have probably had a similar experience in recent months. The winter was just around the corner and it was time to change your tyres. During the appointment at the garage, customers were asked to sign a data protection declaration, including consent to be contacted. So far, so good.

When asked, it was explained that without this consent, the service centre is not allowed to inform the customer by phone when their car is ready for collection. So does the GDPR prevent good and desired customer service? Or are there perhaps other legal bases for storing and using necessary personal data?

Naturally! There are six legal bases listed in Article 6(1) of the GDPR, and one of them is legitimate interest. This can be relied upon if the controller, in this case the workshop, has a legitimate interest in calling the customer. This can be expected as it is usually the wish of the customer to be informed. Therefore, at least if the customer voluntarily provides his or her telephone number, the workshop may store and use the customer's telephone number for this purpose. The fundamental rights or freedoms of the customer are not affected because it can be assumed that the workshop will not sell the contact data or use them for advertising purposes against the customer's wishes.

Of course, one can try to question the legitimate interest with many "ifs and buts" or use the principle of data minimisation as an argument when dealing with personal data. However, in our opinion, this does not correspond to the spirit of the regulation. The GDPR was not designed to make life more complicated, but ultimately to protect the individual behind the personal data. And in almost all cases, this individual has an interest in good and uncomplicated service.