Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 04/11/2024

Subject: The Court affirmed that an infringement of provisions of Regulation (EU) 2016/679 which confer rights on the data subject is not sufficient, in itself, to constitute ‘non-material damage’ within the meaning of that provision, irrespective of the degree of seriousness of the damage suffered by that person. According to the Court, it is not sufficient for the controller, in order to be exempted from liability to claim that the damage in question was caused by the failure of a person acting under his or her authority. Finnally the Court affirmed that in order to determine the amount of damages due as compensation for damage it is not necessary, first, to apply mutatis mutandis the criteria for setting the amount of administrative fines laid down in that regulation and, second, to take account of the fact that several infringements of that regulation concerning the same processing operation affect the person seeking compensation

Classification: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Personal data: independent authority

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