Can I take action against a competitor who has unlawfully obtained my customer list?
January 31, 2022 | 40,00 EUR | answered by Georg Sauer
Dear lawyer,
I am reaching out to you as I urgently need legal advice. I run a small business in the trading sector and have recently discovered that a competitor has unlawfully obtained my customer list. This customer list is an important part of my business and contains confidential information about my customers and their purchasing behavior.
The current situation is that my competitor now has access to my customers and may be trying to poach them or offer them similar products. This not only constitutes a breach of my business secrets, but could also lead to a significant loss of revenue and customers.
I am very concerned about the future of my business and am wondering if I can take legal action against my competitor. Are there ways to address the theft of my customer list and hold my competitor accountable?
I would greatly appreciate it if you could provide me with your assessment of this situation and suggest possible solutions. I am willing to take all necessary steps to protect my business interests.
Sincerely,
Marcus Lahn
Dear Mr. Lahn,
Thank you for your inquiry regarding the theft of your customer list by a competitor. I am sorry to hear that you are facing such a situation, as I am aware of how important customer lists are for a company and how damaging it can be if they fall into the wrong hands.
In your case, the theft of your customer list constitutes a violation of competition law, specifically a violation of the prohibition of unfair competition according to § 4 No. 10 UWG (Act against Unfair Competition). This provision prohibits companies from gaining unfair competitive advantages using information considered as trade secrets.
To take action against the theft of your customer list and hold your competitor accountable, you have various legal options available. Firstly, you should ensure that you have sufficient evidence of the theft, such as witness statements, emails, or other documents that can prove the theft.
You could then issue a cease and desist letter to your competitor, demanding them to immediately delete the unlawfully obtained information and refrain from using it in the future. If your competitor does not comply with this demand, you could obtain an injunction or file a lawsuit in court to stop the theft and claim damages.
It is advisable to seek advice from a specialized competition law attorney in such a case, who can assist you in enforcing your rights. I am available for further consultation and to support you in protecting your business interests.
I hope that my explanation has provided you with an initial overview of possible legal steps against the theft of your customer list. Please do not hesitate to contact me if you have any further questions or require detailed advice.
Best regards,
Georg Sauer
Competition Law Attorney
