Unfair competition claims due to GDPR violations? The Higher Regional Court in Stuttgart recently decided on the controversial matter of whether infringements of the GDPR can be enforced by competitors and interest groups as a breach of law under the Unfair Competition Act. This topic is not only interesting from a scientific point of view, but is also highly relevant given the practice of 'warning letters by attorneys', particularly in Germany. The Supreme Court in Austria has also already ruled on this question and has deviated from its previous line of case law!
You can read our article in German here