Berlin data protection authority reprimands four German parties over 2021 political microtargeting
According to noyb, the authority found the CDU, SPD, Greens and Die LINKE had no legal basis, such as consent, for targeting users by their political interests. A complaint against the AfD remains pending.

The Berlin Data Protection Authority has reprimanded the CDU, SPD, Bündnis 90/Die Grünen and DIE LINKE for using people’s political interests to target personalised advertising during the 2021 federal election, according to noyb, which filed the complaints more than three years ago.
According to noyb, the authority found no legal basis, such as consent, for targeting users on the basis of their personal political interests, and concluded that the parties’ processing of personal data was unlawful. The complaints drew on data logged by viewers through a browser extension promoted by ZDF Magazin Royale, which had reported that all Bundestag parties used microtargeting on Facebook.
The complaint against the AfD is still open. noyb says the party challenged the authority’s investigative powers, but the Berlin administrative court ruled it must provide the requested information. According to noyb, the authority did not directly issue a ban on microtargeting.
Editor’s note: This article relies solely on noyb, the advocacy group that filed the complaints; the Berlin DPA’s decisions were not reviewed directly.
Why it matters
The decisions treat targeting by people's political interests as processing that needs a valid legal basis such as consent. Organisations that buy interest-based audience segments on social platforms should check whether any segments reveal political opinions or other special-category data and whether they can show a legal basis for using them. Marketing and DPO teams should review campaign targeting records so they can evidence which criteria were used.
Status: Decision. Reprimands issued; AfD complaint still pending
Sources
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Governance areas
Enforcement
- Action
- Reprimand
- Authority
- Berlin Commissioner for Data Protection and Freedom of Information
- Concerning
- CDU; SPD; Bündnis 90/Die Grünen; DIE LINKE
Case status: Open
Enforcement trackerInstitutions
Who should care
- DPO
- Legal & compliance
- Marketing and advertising leads