ARTICLE · 31 MAY 2024

GDPR And Right To Compensation | Important Clarifications From The CJEU

Simont Braun

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In December 2023 and January 2024, the Court of Justice of the European Union handed down several judgments1 that provide important clarifications regarding the right to compensation for non-material damage suffered as a result of a breach of the GDPR.

BelgiumPrivacy

Fernand De Visscher

Marie-Ysaline Lannoye

In December 2023 and January 2024, the Court of Justice of the European Union handed down several judgments¹ that provide important clarifications regarding the right to compensation for non-material damage suffered as a result of a breach of the GDPR, enshrined in Article 82 of the General Data Protection Regulation (Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (OJEU, 4 May 2016, No. L 119, hereinafter the GDPR).

ARTICLE 82 OF THE GDPR AND THE RIGHT TO COMPENSATION

Under Article 82 of the GDPR, any person who has suffered material or non-material damage as a result of an infringement of the GDPR has the right to receive compensation from the controller or processor for the damage suffered.

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