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.
Until now, damages claims awarded by German courts pursuant to Article 82 of the General Data Protection Regulation (“GDPR”) – in particular, claims for non-material damages – have been relatively low. This restrained approach thus far has been predicated primarily on the position that German law requires a serious violation of personality rights to justify higher claims for non-material damages. Two recent cases decided by regional courts illustrate and confirm this prevailing stance. However, a more recent decision issued by the Federal Constitutional Court indicates that views in Germany may be evolving on this topic, and courts may soon be willing to entertain higher damages claims.
Continue Reading A New Day for GDPR Damages Claims in Germany?