On March 4, 2023, the European Court of Justice (”CJEU”) issued its judgment on case C-300/21, UI v Österreichische Post AG. The CJEU held that the mere infringement of the GDPR does not, alone, give rise to a right to compensation for individuals. In the Court’s view, Article 82 requires establishing: (i) “damage”, either material or non-material; (ii) an actual infringement of the GDPR; and (iii) a causal link between the two. However, the CJEU also ruled that the right to compensation in the GDPR cannot be made contingent upon individuals satisfying a certain “seriousness” threshold, which is the case under Austrian law at present.Continue Reading CJEU Clarifies the GDPR’s Right to Compensation
case C-300/21
CJEU Advocate General Issues Opinion on Non-Material Damages for GDPR Breach
Posted in Data Breaches, EU Data Protection
On October 6, 2022, the Advocate General (“AG”) of the Court of Justice of the European Union (“CJEU”) released an opinion in case C-300/21 to the effect that a controller or processor’s non-compliance with the GDPR does not automatically entitle data subjects to receive compensation for non-material damages pursuant to Article 82 GDPR. According to the AG, compensation is meant to remedy the consequences caused by a breach of the GDPR, and therefore a data subject must have suffered damage that he or she can affirmatively demonstrate.Continue Reading CJEU Advocate General Issues Opinion on Non-Material Damages for GDPR Breach