Abstract
Pursuant to GDPR, each Member State is obliged to designate a supervisory authority to oversee compliance with binding data protection rules. However, the question has arisen before the Court of Justice of the European Union as to whether a personal data breach can constitute an abuse of a dominant position in a relevant market and whether such a personal data breach can be incriminated by a competition authority.
An Advocate General's Opinion on the case has already been published, which gives a preliminary answer to this question, which seems to be in line with the trend of the CJEU. At the same time, it is worth looking at the question of the link between data protection and unfair competition at the level of private law.