Privacy and competition law – missing Privacy Policy

The Regional Court (Landgericht) Köln has made a contribution to the question whether breaches of data protection rules on competition law competitors counter can be kept, so if a company can admonish a competitor and pursue injunctive relief.

In deciding LG Köln AZ: 33 O 230/15 a company forbade its competitors, on the website of the domain no privacy statement terms of § 13 TMG to place.
The non-reservation of a privacy statement thus leads to a violation of competition law.
The decision of the Regional Court of Cologne took place in preliminary injunction proceedings and therefore does not contain any justification.
Whether permeated the views of LG Köln remains to be seen. The Oberlandesgericht Hamburg AZ: 3 U 26/12 decided in the same direction. The Superior Court AZ: 5 W 88/12 refuses to sanction data protection violations of competition laws.
Since it seems to confront the legal views of two Courts of Appeal, the Federal Court will have to clarify the legal question.

Note, however, that future consumer associations be possible to give notice violations Privacy and track.