Conflict concerning Lidl's mobile application set for resolution in September - Lawsuit resolution related to Lidl app: verdict in September
In a series of legal challenges, consumer advocates in Germany are pushing back against digital bonus programs offered by major supermarket chains, arguing that users are paying for discounts and promotions with their personal data. The latest developments involve the Consumer Senate, which has indicated that it will allow an appeal to the Federal Court of Justice (BGH) due to a fundamental legal question in this case.
The controversy started when consumer advocates criticized retailers such as Rewe for not clearly indicating the price of products associated with bonus coupons in their apps. Meanwhile, Penny has already adapted its presentation of offers in response to an injunction request from consumer advocates. The question at hand is whether a total price must be indicated even if it is not in money, and whether something can be considered free if it does not cost money, but another consideration is provided.
The legal dispute between consumer advocates and Lidl over the "Lidl Plus" app is not expected to be resolved soon, with a decision scheduled for September 23. Lidl did not comment on the ongoing proceedings against it, but has previously caused controversy with advertising for exclusive app discounts. More than 100 million customers use the "Lidl Plus" app for discounts, coupons, and promotions, leading to concerns about the potential misuse of personal data.
The Consumer Protection Association of Baden-Württemberg has also filed a lawsuit against Edeka Southwest for not indicating reduced prices for app users in its advertising for all customers. Chairman of the Chamber, Oliver Mosthaf, has stated that this is a fundamental question. Mosthaf has suggested that the BGH may call on the European Court of Justice for interpretation of an EU directive.
A similar legal dispute between consumer advocates and the food retailer Rewe is still ongoing, with the focus on the way discounts are indicated. The factual situation is relatively simple, but the legal situation is quite complex, as it involves questions of consumer protection, data privacy, and the interpretation of EU directives.
The pilot procedure regarding the information obligations for digital bonus programs that offer user data as consideration is currently ongoing, adding another layer to the ongoing debates about the balance between consumer protection, data privacy, and the benefits of digital rewards programs. As the legal proceedings unfold, it remains to be seen how the courts will rule on these important issues.
[1] Lidl Plus Terms and Conditions, updated mid-2025, available at
In light of the ongoing legal challenges, it is crucial for businesses such as Lidl to clearly outline their community policy in terms of the usage of personal data, particularly in digital bonus programs like the Lidl Plus app. Consequently, vocational training in data privacy laws and regulations could prove beneficial for business operations, ensuring compliance and transparency with regard to consumer protection.
As the dispute between consumer advocates and various supermarket chains unfolds, it is essential for companies to prioritize visible pricing strategies, avoiding any ambiguity or obfuscation in the presented offers, to avoid further legal disputes in the future. Additionally, the ongoing pilot procedure regarding the information obligations for digital bonus programs highlights the need for vocational training in this area to prevent misunderstandings and potential misuse of personal data.
