Failure to comply with the requirements of the GDPR constitutes an act of unfair competition

Failure to comply with the requirements of the GDPR constitutes an act of unfair competition

This was confirmed by the Paris Court of First Instance (“Tribunal judiciaire“) in a judgement dated 15 April 2022 (19/12628). An action for infringement and unfair competition was brought before the said Court.

Regarding unfair competition, the plaintiff company accused the defendant of violating several legal provisions, particularly by failing to comply with the requirements of the General Data Protection Regulation (GDPR) through its website. 

 

The Court recalls in its judgement that failure to comply with a regulation in the exercise of a commercial activity constitutes an act of unfair competition in that it necessarily results in a competitive advantage the perpetrator and therefore orders the defendant to pay damages.

The lesson learned from this decision is perfectly transposable to Belgium.

Belgium prohibits too any act contrary to fair market practices by which an undertaking harms or may harm the professional interests of one or more other undertakings (art. VI 104 of the Economic Law Code).

Infringement of a legal provision - in this case the RGPD - in the course of one's economic activities, which affects the professional interests of competitors, constitutes an unfair practice which can be the subject of an injunctive relief for suspension as well as a claim for damages.

If you have not yet made your company (and your website) compliant, it is high time you did.