Article

Privacy & Information, 2022/5

GDPR enforcement at the B2B level – what are we waiting for?

In this article, we explore the potential for civil enforcement of the GDPR between companies. We substantiate how Article 6:162 Dutch Civil Code, Article 82 GDPR and the Unfair Commercial Practices Act seem to provide a basis for B2B enforcement, despite conflicting court rulings. A missed opportunity in practice, given the support of the Consumer and Market Authority, the European Commission and recent legal analysis.