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Bavaria: Government introduces bill to exclude GDPR violations under UWG
On April 23, 2024, the Government of Bavaria announced, in the report from the Cabinet meeting held on the same date, the introduction of a bill to exclude the prosecution of violations of the General Data Protection Regulation (GDPR) under the Unfair Competition Act (UWG).
What is the purpose of the bill?
The report highlighted that the aim of the bill is to generally exclude data protection violations from warnings and prosecution under the UWG to create legal certainty, especially for small and medium-sized companies.
The report stated, among other things, that in Germany, companies frequently receive warnings under the UWG for GDPR-related violations. Since competition law prosecution is not provided for in the GDPR, it presents a legal controversy and harbors considerable potential for abuse and economic risks, which were observed in some of the Google Fonts warnings recently issued.
You can read the report, only available in German, here.
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