On October 4th, the European Court of Justice (ECJ) delivered a significant ruling addressing a longstanding legal question in Germany. The court confirmed that companies have the right to legally challenge competitors over breaches of the General Data Protection Regulation (GDPR). These claims can be backed by the Unfair Competition Act (UWG).

The Case of Lindenapotheke In a specific case that began in 2017, a German pharmacist operating under the name 'Lindenapotheke' on Amazon's Marketplace was selling non-prescription yet apothecary-only medications. Another pharmacist took legal action against Lindenapotheke in 2018. The complaint centered around the handling of customer data during sales, including names, addresses, and payment methods, which were argued to be sensitive health data as per Article 9 of the GDPR. The accusation was that Lindenapotheke gained an unfair competitive advantage by not obtaining informed consent for handling such data.

Judicial Proceedings The initial lawsuit was upheld by both the district court and the higher regional court during the appeal. The online pharmacy then appealed to the Federal Court of Justice, which in early 2023 referred a question to the ECJ regarding this interpretation of the GDPR.

The crux of the matter was whether personal data associated with the purchase of non-prescription medication could be classified as health data under GDPR Article 9, especially since these medications could potentially be intended for someone other than the purchaser.

Implications of the Ruling The ECJ's ruling clarifies that non-consensual use of personal health data can indeed warrant legal action, reinforcing the protective reach of the GDPR against unfair competition practices. This sets a crucial precedent, influencing future interpretations of data protection law especially in the context of digital commerce and competition.

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