The European Court of Justice (ECJ) has ruled that asking people's gender when purchasing a ticket is in breach of the GDPR. According to the principle of data minimisation, only data that is objectively necessary to provide the service may be collected when concluding a contract. This does not include gender, as it is irrelevant for the purchase or use of tickets.
Background to the case
The French association Mousse, which campaigns against sexual discrimination, had lodged a complaint against the railway company SNCF Connect. When purchasing tickets online, customers had to choose between ‘Monsieur’ (Mr) and ‘Madame’ (Mrs), without a gender-neutral option. After the complaint was rejected by the French data protection authority (CNIL) and subsequent legal dispute up to the ECJ, the latter ruled in favour of the association.
Decision of the ECJ
The ECJ found that the gender query was not ‘objectively indispensable’ for the fulfilment of the contract. A gender-neutral form of address such as ‘Hello [first name] [surname]’ was a practicable and realisable alternative. The case was referred back to the French court to make a judgement in line with the legal opinion of the ECJ.
Effects and similar cases
There have already been decisions in similar cases in Germany. For example, the Frankfurt Higher Regional Court awarded a non-binary person compensation of 1,000 euros because Deutsche Bahn did not offer a gender-neutral form of address.
Recommendations for action
As an online retailer, you should check whether it is necessary to query the gender in your shop. In order to avoid discrimination and legal consequences, either the query can be omitted or a gender-neutral alternative can be offered. For example, communication could take place with ‘Hello [first name] [surname]’ in order to address everyone respectfully and in compliance with data protection regulations.
Source:www.onlinehaendler-news.de