Cologne Higher Regional Court: Data for discount apps are not a price – Retailers freed from price‑information obligation

The Higher Regional Court (OLG) Cologne delivered a landmark ruling on September 13, 2026 that redefines the legal classification of data as consideration in retail. In a case against the Penny loyalty app, the court decided that the personal data requested during registration does not constitute a price under the Price Indication and Consumer Protection Regulation (PAngV). As a result, retailers are not obliged to list this data as part of the total price.

Background of the proceedings

The Federal Association of Consumer Centres (vzbv) filed a lawsuit arguing that the provision of user data for discount and voucher campaigns represents an economic consideration and therefore must be disclosed as a price. The Cologne OLG dismissed the claim. The court explained that, under European and national law, the concept of price is defined primarily as a monetary amount or a clearly quantifiable digital value. While data have economic value, they are not a price in legal terms because they are not a calculable quantity.

Core definitions of the price concept

According to the court, the Price Indication Regulation (PAngV) covers only benefits that can be expressed in money or a clearly quantifiable digital equivalent. Personal data, even when they hold economic value for a company, do not meet these criteria. The OLG stressed that expanding the statutory definition of price to include data is neither foreseen by the legislature nor appropriate.

Implications for retailers and consumers

The decision has several immediate consequences:

• Relief for retailers: Companies such as Penny no longer have to declare the collection of user data as a price component, simplifying the design of loyalty and discount programmes.
• Data‑protection and consumer‑law remain separate: Obligations under the General Data Protection Regulation (GDPR) continue to apply, but independently of the price‑information rules.
• Transparency debate: Critics warn that consumers may receive less information about the “cost” of data considerations, even though such data can be valuable to businesses.

The ruling could also encourage other retailers to expand their loyalty apps, as the legal hurdle has been removed. At the same time, the requirement to obtain informed consent under the GDPR remains, meaning data processing is still subject to strict scrutiny.

Case overview

Outlook: What’s next?

Although the ruling removes the price‑information obligation for data considerations, the question remains how transparently companies will handle the use of customer data in the future. Consumer organisations are calling for stronger disclosure duties, while retailers argue that the existing GDPR framework is sufficient.

A possible next step could be legislative clarification that explicitly separates the price concept from data considerations. Until then, the OLG decision is likely to serve as precedent, shaping the practice of discount and loyalty programmes in Germany for the long term.

For businesses, the ruling not only provides legal relief but also opens the door to further develop data‑driven marketing strategies—provided they comply with the stringent GDPR requirements.