Grundrechtsbindung Privater

The effect of fundamental rights among private individuals is breaking away from the usual patterns as a result of recent decisions by the Federal Constitutional Court. The work not only provides terminological clarity, but also elaborates the criteria that directly bind private individuals to fundamental rights. The author then looks at emerging constellations and examines the binding nature of fundamental rights there. The operator of Facebook fulfils both criteria described in more detail. These are the opening of a "public forum" and a predominant position of power. It is thus bound by fundamental rights. SCHUFA is not bound by this obligation, also because it is kept in check by existing (data protection) provisions of the legislator.