General Data Protection Regulation – Can competitors issue warning letters for infringements for which the costs have to be paid?
The General Data Protection Regulation (GDPR) has already cost large companies in particular, a great deal of time and personnel. After the implementation deadline of 25 May 2018 has expired, it will increasingly come into focus for smaller companies, associations and the self-employed. In particular, since almost every company, every association and every self-employed person now presents themselves on their own websites or in social media on the Internet, all these companies and associations have to deal with the question of the extent to which they process personal data on their web presence and, accordingly, to what extent they have to provide information about this processing and the associated rights of the persons concerned.
In addition to this general obligation, there is also a more specific concern about receiving warning letters, for which costs must be paid, in the event that the instruction is ultimately incorrect or incomplete. In addition to the financial losses, such a warning is above all time-consuming and nerve-wracking for the person concerned.
The question therefore arises:
Is it possible for competitors to issue warning letters for breaching the GDPR’s duty to inform and instruct.