In data protection law, the question of whether the General Data Protection Regulation contains market conduct rules and whether infringements can therefore be warned by competitors is probably one of the most controversial issues on which the courts also disagree. You can read more about the dispute in this blog post and in this article. You can find out more about the SSL problems here.
The Berlin Regional Court has now joined the courts that are in favor of competition law relevance and thus agrees with the Würzburg Regional Court, among others. It is therefore quite a “lucky thing”, at least until the question does not finally have a supreme court decision. While the Regional Court of Bochum, the Landgericht Wiesbaden, the Landgericht Magdeburg (Regional Court of Magdeburg) reject the possibility of bringing an action, the OLG Hamburg and the OLG Munich did not see the GDPR as blocking the UWG.
In addition to the chaos of jurisprudence, there are also legislative initiatives, the future of which is unknown in time. Bavaria, for example, has submitted a draft amendment to Section 3a UWG, according to which this is to read in future:
“Provisions of Regulation (EU) 679/2016 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC […] and the rules implementing it are not covered by sentence 1.”
It is therefore still helpful to at least rudimentarily comply with data protection law. It would be better to seek full advice, as there have already been 75 fines imposed by the data protection officers of the federal states.
