Analysis of the CJEU Judgment Which Paves the Way for Competitor Civil Actions Regarding GDPR Violations

5 minute read | October.28.2024

In the current edition of the German law journal Betriebs-Berater (44-2024), Daniel Ashkar discusses the landmark judgment from the Court of Justice of the European Union (CJEU) dated 4 October 2024 (C-21/23). In this judgment, the CJEU determined that Chapter VIII of the GDPR does not preclude national legislation which allows companies to take civil actions against competitors for violations of the GDPR on the basis of the prohibition of unfair commercial practices. Apart from summarizing main aspects of the legal dispute and the judgment, the analysis also includes explanations on its consequences in practice.

The German language analysis can be found as a PDF download here>>

If you are interested in learning more about developments in the areas of private and public enforcement of the GDPR in the European Union and in Germany, you may also want to read the German language articles from Daniel on these topics in previous editions of the German law journal Betriebs-Berater which can be found as a PDF downloads here:

Authors

Dr. Daniel Ashkar Counsel, General Data Protection Regulation, Cyber, Privacy & Data Innovation

Munich

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D:+49 89 383980123
E: [email protected]

Practice:

Technology & Innovation Sector
General Data Protection Regulation
Cyber, Privacy & Data Innovation
Artificial Intelligence (AI)
Artificial Intelligence (AI)
Technology Transactions
Strategic Advisory & Government Enforcement (SAGE)

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Dr. Daniel Ashkar Counsel

Munich

Having concentrated on data privacy law since 2012, Daniel provides comprehensive data privacy and cybersecurity advisory support to clients and has extensive experience in the areas of international data transfers (including on EU Standard Contractual Clauses and Binding Corporate Rules) as well as topics relating to the “Schrems II” judgment.

Daniel further drafts data privacy contracts (such as data processing agreements and joint controller agreements) as well as data privacy policies/notices and consent forms. On transactional matters, he supports clients with outsourcings and due diligences in the course of M&A transactions. Daniel also advises on data subject rights requests, data breaches and notification requirements related thereto, e-discovery requests, website tracking, marketing measures, privacy impact assessments as well as data privacy topics in the employment and reinsurance context.

He further advises on IT/IP and technology-related matters, including on contracts and matters relating to unfair and deceptive trade practices. Daniel also possesses years of experience regarding legal disputes and litigation matters and has represented clients in proceedings before different courts in Germany.

Prior to joining Orrick, Daniel was an in-house counsel for a German car maker and for one of the largest reinsurance corporations in the world. His in-house experiences at these large German multinationals allow him to understand the needs and requirements of globally operating clients.

Daniel started his career at another global law firm where he worked for several years with a focus on data privacy and litigation matters. He also wrote his doctoral thesis on data privacy law.