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Parliamentary questions
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28 February 2019
Answer given by Ms Jourová on behalf of the European Commission
Question reference: E-005939/2018

The Commission is not aware of this case where Regulation (EU) 2016/679, which sets forth rules for the processing of personal data, is being referred to by a company as a justification for levying charges from entrepreneurs relating to the storing of data.

Whilst there is no general business-to-business legislation covering unfair commercial practices at EU level, such practices might be covered by Directive 2006/114/EC(1) prohibiting misleading advertising if they concern the making of a representation in any form in connection with a trade, business, craft or profession in order to promote the supply of goods or services.

In this regard the Commission has been informed of the misleading practices of certain business registers. On the basis of the limited information provided it would appear that the practices at stake do not constitute an unfair business-to-business practice, as they were not done in order to promote the supply of goods or services.

The Commission has no competence to intervene in relation to the facts mentioned in the question. The enforcement of Directives is the responsibility of Member States.

Also, most national contract laws foresee rules which allow avoidance of a contract on the grounds of, for instance, fraudulent misrepresentation. For further action, the abused companies may reach the Czech Trade Inspection Authority(2).


Last updated: 4 March 2019Legal notice