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Ireland

CJEU confirms EU GDPR Article 82 is compensatory: claimants must prove material or non-material damage; no seriousness threshold; accidental disclosure alone does not establish inadequate technical and organisational measures

Published on: 30 January 2024

Published by an LexisNexis Ireland - Dispute Resolution expert

Legal News

Article summary

Article 82 of the General Data Protection Regulation (GDPR)

Judges at the EU Court of Justice have stated that, under Article 82 of the General Data Protection Regulation, proof of harm is required before compensation can be awarded against the responsible data controller. They explained that anyone seeking damages must demonstrate not only that the Regulation was breached, but that this infringement caused material or moral harm. The reference arose from proceedings before the district court in Hagen, Germany, which asked a series of questions about entitlement to compensation for non-material damage—such as pain, upset or stress. The referring court’s queries centre on whether a claimant must evidence such non-material harm in addition to proving that a data breach occurred. It also sought clarification on whether the disclosure of a paper document to an unauthorised individual is sufficient, on its own, to constitute a GDPR infringement. Overall, the EU court confirmed the need for causation between breach and damage, not just proof of non-compliance...

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