Many users who have suffered financial losses at online casinos are often unaware that there are legal avenues to reclaim lost stakes – especially if providers acted illegally or disregarded legal safeguards such as deposit limits.
A key step towards obtaining a refund is the right of access under Article 15 of the GDPR. Affected players can thus request a complete overview of the personal data stored by providers – including game histories and payment summaries. This data often forms the basis for a successful claim for reimbursement.
The law firm Lawyer Cocron GmbH & Co. KG supports clients nationwide in enforcing such claims – professionally, efficiently and with sound experience in gambling law.
Why the GDPR right of access is crucial
Anyone wishing to take legal action against a gambling provider needs precise information about when, how much, and how frequently they gambled. However, this information is usually held exclusively by the provider. Without this data, legal action – for example, in cases involving payments via e-wallets or prepaid cards – is often impossible.
Article 15 of the GDPR provides data subjects with an effective means to access precisely this relevant information.
Challenge: Providers often refuse to provide information
In practice, it turns out that many providers – especially those based in Malta, Curaçao, or Cyprus – refuse to provide information or completely ignore requests. This makes legally sound claims for reimbursement difficult or impossible, as the losses are virtually impossible to quantify without detailed transaction records. However, the law firm Cocron has successfully obtained court orders to compel the release of this data in numerous cases.
What exactly does the information include?
Article 15 of the GDPR grants, among other things, access to:
- All stored personal information
- Statements of deposits, profits and losses
- Data on usage patterns and playing times
- Information about bonus programs, VIP status and individually tailored offers
This information is crucial for proving losses in a legally sound manner.
Court rulings strengthen players’ rights
The European Court of Justice (ECJ) has unequivocally ruled that information can be requested even without specifying a purpose – the preparation of a lawsuit is a legitimate reason.
Furthermore, even if the player has their own bank statements, the provider remains obligated to provide information.
Real-world example: Refund claim despite prepaid payments
A client of the Cocron law firm lost several thousand euros on an unauthorized gambling website – all payments were made via prepaid cards. Without bank statements, tracing the transactions was impossible.
After an unsuccessful request based on the GDPR, the law firm sued for the release of the data – successfully. A claim for its return was initiated based on the information obtained.
FAQ – Frequently Asked Questions
Can I request information regarding my GDPR data if I want to file a lawsuit?
Yes. The ECJ has clarified that the information may also be used to prepare a lawsuit.
What to do if the provider doesn’t respond?
The law firm Cocron will enforce the information requests in court if necessary – silence on the part of the provider is unlawful.
What information will I receive?
You will receive game histories, payment lists, bonus data and information on individual incentive systems.
What costs will be incurred?
The initial legal assessment by the law firm is free and non-binding. Litigation funding is possible in many cases.
Conclusion: GDPR information as leverage for recovery
The right to information under Article 15 of the GDPR is an effective means of recovering lost stakes from unlicensed or illegally operating gambling providers. Even if some providers attempt to evade their obligation, the necessary data can often be successfully obtained with legal support.
