Summary of the ruling:
- The complaint was made by a competitor.
- The court rules that the lack of appropriate privacy measures is anti-competitive i.e. unfair competition compared to others who do follow the rules.
- The complaint was brought to court and not through the softer GDPR regulator route.
- The complaint was handled on a unilateral request in summary proceedings, so without extensive investigation, etc.
This is an important precedent confirming a trend
- Flagrant non-compliance, e.g. no or defective privacy statement, can have a serious business impact.
- In the event of non-compliance, a competitor may rely on unfair competition to take legal action.
- Compliance with the basic GDPR regulations is becoming urgent.
Here is the link to the German court ruling https://www.gesetze-bayern.de/Content/Document/Y-300-Z-BECKRS-B-2018-N-22735?hl=true
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