The question of whether warnings can be issued and claims successfully brought under the UWG for data protection infringements by competitors was a matter of concern in the scholarly literature and case law even before the GDPR was introduced.
The applicability of the GDPR has reignited the dispute, particularly in Germany. One side considers the system of sanctions in Articles 77 to 84 of the GDPR to be conclusive thus excluding the legal remedies provided by the UWG, but the other side, in our opinion, has better arguments. There is, however, no cut and dried answer to this question.
