October 4, 2024 CompetitionBy DICOPO

The GDPR does not preclude claims on behalf of competitors on the basis of unfair commercial practices

The Court of Justice handed down judgment on Lindenapotheke (C-21/23), clarifying the interpretation of the GDPR. The request for the preliminary ruling was made by the German Federal Court of Justice during a dispute involving the ‘Lindenapotheke’ pharmacy. The owner had been marketing medicinal products on Amazon and its competitors since 2017, including products that required consumers to provide data concerning their health. A competing pharmacy claimed that this amounted to unfair commercial practice, since Lindenapotheke was not obtaining customer’s prior consent to the processing of their health data. The referring court asked whether national law allowing competitors to bring a claim was compliant under the GDPR, and whether the case at hand could be considered health data within the meaning of the Regulation. The General Court found that national law allowing competitors to bring legal proceedings under the GDPR are compatible, as this contributes to the protection of the rights therein contained. Furthermore, the Court found that the data submitted by customers of Lindenapotheke amounted to health data within the meaning of the GDPR, thus subjecting the practice to the requirement of prior consent.