In a recent decision, the Higher Regional Court of Hamburg (Oberlandesgericht Hamburg) held that a privacy policy on a website which is not compliant with the legal requirements under data privacy law constitutes a breach of the German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb – “UWG”) (decision dated 27 June 2013, case number 3 U 26/12). This decision may not only have consequences for German businesses but also for non-EU companies with German customers or subsidiaries in Germany.
Read more on Hogan Lovells Chronicle of Data Protection.