2023-09-03 11:47:06
After several years of encouraging GDPR compliance, THE judges pass to the offensive et now retain the reasoning according to which, a breach of the requirements imposed by the GDPR constitutes an act of unfair competition. Indeed, dthem recent cases illustrate the position current dthe courts on the subject.
A new trend driven by the Court of Cassation
Following the Court of Cassation who judged what “constitutes an act of unfair competition the non-compliance with regulations in the exercise of a commercial activity, which necessarily induces an undue competitive advantage for its author”, the court of appeal of Paris sentenced a company €15,000 in damages for unfair competition due to GDPR non-compliance.
Ce court reasoning illustrated l’articulation Who exist between the protection of personal data and competition law. Moreover, the Court of Paris, notes thata situation of direct or effective competition is not a condition of the action for unfair competition, which only requires the existence of wrongful acts generating a prejudice.
The tribunal and the ccall of PAris seemsnt having changed their position car few years ago, ils dearent respectively that‘and concurrent « cannot invoke the violation by companies A of the provisions relating to data protection (1978 law and GDPR), as this is a regulation whose purpose is the protection of natural persons, who alone can claim a breach to their rights », and that data subjects who are sensitive to data protection issues could moreover turn away from an actor who does not comply with the relevant law.
The constant position of the Court of Cassation
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