KEY POINTS
Although the General Data Protection Regulation (GDPR) is primarily aimed at the protection of data subjects, competitors of the controller may also suffer damage due to an infringement. Article 82(1) of the GDPR stipulates that ‘any person’ shall have the right to receive compensation. It does not clarify whether a competitor can also invoke this right. At first sight, a right to compensation for competitors does not match the primary purpose of the GDPR. However, the GDPR also intends to advance the free movement of personal data, strengthen the protection of personal data, and harmonize data protection law. The right to compensation of competitors can make a meaningful contribution to these objectives. Furthermore, other provisions of European origin also allow enforcement by competitors.
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Tim F Walree and Pieter T J Wolters, The right to compensation of a competitor for a violation of the GDPR, International Data Privacy Law, https://doi.org/10.1093/idpl/ipaa018. Published: 17 December 2020.
First posted 2020-12-23 05:37:59
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