Information Law and Insolvency: Cloud Access Suffices When No Files Exist

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The ongoing digitalization is forcing the German judiciary to adapt long-standing legal institutes to modern technology. A decision by the Bavarian Higher Regional Court (BayObLG) from autumn 2025 (Ref. 101 W 136/24 e), which confirms a decision by the Munich I Regional Court, marks a turning point.

At the heart of the dispute was the question of how a shareholder can enforce their right to information and inspection when a company has replaced its file folders with virtual data storage. The case exemplifies that insisting on physical file inspection is reaching its limits in the digital world.

In the legal dispute, a shareholder of a GmbH in insolvency proceedings is demanding comprehensive access to business documents. A corresponding order for inspection was available, but practical implementation proved difficult. This is because the GmbH stated that all documents were stored exclusively digitally in Microsoft's OneDrive cloud. They offered temporary access to the digital data, but no printouts.

No Paper Available

According to the findings of the Munich judges, physical originals did not exist. This was also due to the fact that the public prosecutor's office had seized the remaining paper documents as part of an investigation. Nevertheless, the creditor insisted on personal inspection of analog printouts on the company's premises.

In addition to the legal question of which enforcement procedures are applicable in the cloud era, the issue was whether a shareholder's information rights are suspended during insolvency proceedings. Normally, the opening of insolvency proceedings leads to the suspension of other ongoing proceedings to protect the insolvency estate.

Since this was not a classic claim for assets, the proceedings for file inspection would not be suspended, the Munich courts decided. It concerned a fundamental control right of the shareholder. This ensures shareholders access to important information in a corporate crisis, provided they are willing to engage with the technical realities.

No Obligation to Print

The judges are setting guidelines for the digital era. Their verdict: access to digital documents in the cloud is sufficient to satisfy the claim for information if the documents exist exclusively in this form. Anyone who still insists on paper files risks their request being rejected as unfounded or even contrary to good faith.

The judges emphasize: If no paper documents exist, digital access is not just a workaround, but the primary form of fulfilling the obligation. This reflects today's practices in digital document management and relieves companies of the obligation to print digital data for inspection.

Signal for Practice

At the same time, however, the judges sanctioned the debtor where they delayed or unnecessarily complicated access to the cloud. The cost decision in the proceedings is accordingly differentiated: the creditor has to bear a large part of the costs, as their insistence on the analog world was largely unjustified. However, the courts also held the debtor accountable for their delaying tactics.

IT lawyer Jens Ferner sees an important signal for the practice of companies and the judiciary. It becomes clear that the cloud is an established medium that transforms existing rights. Companies should therefore structure their digital archiving in such a way that they can provide orderly access in the event of a dispute.

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