Court Eases Consumer Group Claims for Data Protection Violations

Germany's Federal Court of Justice (Bundesgerichtshof, BGH) has, through three rulings on March 27, 2025, significantly eased the ability for consumer associations and competitors to pursue legal action against data protection violations on grounds of unfair competition.

The rulings establish that consumer associations can pursue claims for data protection infringements without needing an individual's mandate. One case involved Facebook's 'App Center,' where users were not sufficiently informed about the processing of their personal data.

The other two cases concerned the handling of health data in online pharmaceutical sales. The BGH determined that competitors can also take competitive legal action against unlawful personal data processing, as the handling of health data is subject to strict regulations.

The decisions emphasize that compliance with data protection laws can be enforced through competition law channels. Companies should regularly review their own processes, particularly their websites, online shops, advertising campaigns, and other public data collection procedures. This includes scrutinizing privacy policies, cookie banners, and forms.