CJEU confirms that competitors can sue each other for GDPR infringements
A German pharmacy sued another pharmacy for failing to guarantee explicit consent when processing the health data of the clients as prescribed under GDPR. The German Court held that such activity does amount to unfair and unlawful practice. However, the Court was unsure whether the national legislation, which allows a competitor to bring legal proceedings against the person allegedly responsible for infringements of the GDPR on the basis of the prohibition of unfair commercial practices, is consistent with that regulation.
In its opinion, the CJEU expresses that the GDPR does allow competitors of the person allegedly responsible for an infringement of the laws protecting personal data to bring legal proceedings against that person, for infringements of that regulation, on the basis of the prohibition of unfair commercial practices.
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