{"id":15342,"date":"2024-09-30T12:47:10","date_gmt":"2024-09-30T10:47:10","guid":{"rendered":"https:\/\/fairforce.one\/?p=15342"},"modified":"2024-09-30T12:47:11","modified_gmt":"2024-09-30T10:47:11","slug":"dashcam-als-beweismittel","status":"publish","type":"post","link":"https:\/\/fairforce.one\/en\/ratgeber\/dashcam-als-beweismittel\/","title":{"rendered":"Dashcam recordings as evidence: is this allowed?"},"content":{"rendered":"
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Dashcams are commonly used in many countries to protect against unauthorised claims. In Germany, their use is controversial and causes data protection concerns for many. Since the judgement of the Federal Court of Justice (BGH) <\/span>of 15 May 2018 (VI ZR 233\/17)<\/span> dashcam recordings are generally admissible as evidence in civil proceedings. You can find out here what you need to bear in mind in order to use a dashcam as evidence after an accident.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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What is a dashcam?<\/h2>\n

A dashcam is a small camera that is mounted on the dashboard or behind the windscreen of the vehicle and films what is happening in the traffic in front (and sometimes behind). Dashcams are now common in many countries to protect against unauthorised claims or even fictitious accidents. This is because the recordings prove how the accident really happened and serve as a basis for courts and experts to clarify the question of guilt.<\/p>\n

Dashcams have not yet become widespread in Germany. This is primarily due to the legal situation, which is strongly in favour of data protection and the protection of personal data. However, in recent years there have been a number of court judgements and changes to the legal situation, meaning that dashcams can also be used as evidence in certain cases in Germany. The judgement by the Federal Court of Justice in 2018 attracted particular attention, as the court confirmed that the recordings help to clarify the course of the accident and can make it easier for experts, insurance companies and lawyers to assess an accident. Especially for<\/span> Dashcam recordings are worth their weight in gold in claims for damages. Their use as evidence may not be prohibited as a matter of principle.<\/span><\/p>\n

Have you had an accident and your dashcam filmed it? We can help you get your rights and advise you comprehensively on whether and how you can use the dashcam recordings to preserve evidence. Simply get in touch with us.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Is a dashcam allowed in Germany?<\/h2>\n

There is no clear answer to the question of whether a dashcam is permitted in a car. This is because the BGH has not commented on this. The judges merely ruled that dashcam recordings are no longer generally inadmissible as evidence. However, the court left open whether and how such recordings can be made one hundred per cent legally.\u00a0<\/p>\n

Is a dashcam allowed or not? In principle, it is permitted, so you can safely install such a camera in your vehicle. However, filming itself, provided it takes place in a public space, is still only possible within a narrow framework. This includes the fact that the camera may not run and record continuously. This would violate the General Data Protection Regulation (Art. 6 GDPR, Section 4 BDSG). But how are dashcams permitted? Small features that many cameras have and that make it easier to comply with the strict laws can help.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Dashcam Germany - What I am allowed to record<\/h2>\n

A dashcam in the car may not record permanently and may not store these recordings permanently. However, it is impossible to switch on the camera immediately before an accident or incident. For this reason, the small devices usually come with corresponding functions that make their legal use in road traffic possible without having to act as a clairvoyant. This includes these functions, for example:<\/p>\n