Lindenapotheke (Protection of personal data - Remedies - Marketing of medicinal products by a pharmacist through an online platform - Judgment) FR [2024] EUECJ C-21/23 (04 October 2024)

Lindenapotheke (Protection of personal data - Remedies - Marketing of medicinal products by a pharmacist through an online platform - Judgment) FR [2024] EUECJ C-21/23 (04 October 2024)

The GDPR does not preclude national legislation that allows competitors to bring civil actions before national courts for violations of the GDPR under the prohibition of unfair commercial practices, in parallel to the remedies and powers provided to data subjects and supervisory authorities. Furthermore, customer data entered when ordering pharmacy-only medicines online, such as name, delivery address, and information necessary to individualize the medicine, may constitute 'health data' under the GDPR and Directive 95/46/EC if it reveals information about the health status of an identifiable person.

Citation
[2024] EUECJ C-21/23
Parties
Applicant: ND; Respondent: DR
Jurisdiction
European Union
Judgment Date
04 October 2024
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union (grand Chamber)
Outcome
Questions answered; national law may allow competitor standing for GDPR violations under unfair competition law; customer data in online pharmacy sales may constitute health data under GDPR.
Legal Topics
GDPR Remedies, Standing of Competitors, Unfair Commercial Practices, Health Data Definition
Data Protection Competition Law EU Law GDPR Remedies Standing of Competitors Unfair Commercial Practices Health Data Definition

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Parties

ND

Applicant

DR

Respondent

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union (grand Chamber)

Legal Issues

  1. 1 Whether the GDPR precludes national rules allowing competitors to bring civil actions for GDPR violations under unfair competition law
  2. 2 Whether customer data entered when ordering non-prescription pharmacy-only medicines online constitutes 'health data' under GDPR and Directive 95/46/EC

Ratio Decidendi

The GDPR does not preclude national legislation that allows competitors to bring civil actions before national courts for violations of the GDPR under the prohibition of unfair commercial practices, in parallel to the remedies and powers provided to data subjects and supervisory authorities. Furthermore, customer data entered when ordering pharmacy-only medicines online, such as name, delivery address, and information necessary to individualize the medicine, may constitute 'health data' under the GDPR and Directive 95/46/EC if it reveals information about the health status of an identifiable person.

Court Disposition

Questions answered; national law may allow competitor standing for GDPR violations under unfair competition law; customer data in online pharmacy sales may constitute health data under GDPR.