GDPR Meets Unfair Competition Law: The Lindenapotheke Ruling and Its Implications for Data Subjects and Controllers

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(3), 852-864 | European Forum Insight of 24 December 2024 | (Table of Contents) I.Introduction. - II. Setting the facts of the case. - III. The ECJ's reasoning. - III.1. The nature of the GDPR remedies. - III.2. The breadth of the notion of health data. - IV. Commentary. - IV.1. The safeguards “outside” the GDPR: what role for unfair competition law? - IV.2. The safeguards “inside” the GDPR: what (if any) limits to the notion of sensitive data. - V. Conclusive remarks and broader implications. | (Abstract) On 4 October 2024, the Grand Chamber of the European Court of Justice (ECJ) issued a landmark judgment that adds significant depth to the interpretation of the GDPR, especially concerning its interplay with unfair competition law and the concept of “special categories of personal data”. After analysing the facts of the case and the ECJ’s reasoning, this Insight aims to highlight how the Lindenapotheke ruling, while aligned with the ECJ’s longstanding commitment to securing data subjects’ rights, represents a noteworthy advance: it reinforces the high level of protection afforded to data subjects by integrating GDPR safeguards – particularly those under art. 9 GDPR – with those established in other areas of EU secondary law. Finally, this Insight examines the critical aspects and practical implications of the ruling, especially for data controllers, as the ECJ’s approach may have an (excessive) deterrent effect on prac-tices that risk infringing these enhanced data protection standards.

Keywords

• lindenapotheke
• data protection law
• unfair competition law
• remedies
• health data
• gdpr