The context of the RGPD
The General Data Protection Regulation (the now famous "GDPR") has been in force for more than 4 years. And as you know, since you process the personal data of your customers, suppliers, employees, prospects,... you are required not only to comply with the GDPR but also to demonstrate that you have taken all the necessary steps.
You have invested time and sometimes money in the process by using specialists, whether they are lawyers, information security specialists or consultants.
These steps are visible: your site has a privacy policy, you ask for the consent of your site visitors for cookies, and so in a few clicks everyone can see that you have made efforts to comply with the RGPD.
What is unfair competition?
It is forbidden to resort to acts that may harm the economic interests of your competitors.
This is also the case if you refrain from performing mandatory or necessary tasks but also from not performing actions that the law requires you to perform.
Indeed, infringing a legal provision in the exercise of one's economic activities, which affects the professional interests of competitors, constitutes an unfair practice.
AN IMPORTANT COURT DECISION
The April 15, 2022 decision of the Paris Court of Justice is very interesting and confirms similar decisions in other European countries.
It clearly states that not complying with the GDPR is an act of unfair competition.
And that makes sense, because if you have made an effort to comply, which will have cost you time and money, in proportion to the size of your business or organization, and your competitor has not, they have actually saved time and money and therefore created an economic advantage for themselves at your expense, which constitutes unfair competition.
You have a new weapon to ensure that the RGPD is respected by all
If you already had the possibility to file a complaint with the CNIL, or the national data protection authority, you could also file a complaint with the courts for non-compliance with the RGPD.
The fact that unfair competition is a new weapon for companies to force their competitors to comply will allow those who have made the effort to comply with the GDPR, to push their competitors to do the same.
In the end, isn't the goal that all organizations comply, so that everyone's privacy and personal data are, at last, protected.
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