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