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ARTICLE · 07 JUNE 2023

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Compensation Under Art. 82 GDPR: A Mere Violation Is Not Enough

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Not every infringement of the EU GDPR automatically grants data subjects the right to compensation under Article 82.1 That is the key takeaway of a decision dated 4 May 2023...

European UnionPrivacy
Oliver Yaros
Oliver Yaros
David Simon
David Simon
Ana Hadnes Bruder
Ana Hadnes Bruder
Mark Prinsley
Mark Prinsley
Benjamin Beck
Benjamin Beck
Livia Crepaldi Wolf
Livia Crepaldi Wolf
Dr. Ulrich Worm
Dr. Ulrich Worm
Björn Vollmuth
Björn Vollmuth
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Other Author Salome Peters, Legal Intern

Not every infringement of the EU GDPR automatically grants data subjects the right to compensation under Article 82.1 That is the key takeaway of a decision dated 4 May 2023 of the Court of Justice of the European Union (CJEU) (Österreichische Post case, C-300/21). The CJEU concluded that in order to obtain compensation, the following is required: (i) there must be a violation of the GDPR, (ii) it must be proven that the infringement of the EU GDPR has resulted in harm to the data subject and (iii) there must be a causal relationship between the infringement and the harm endured. While the data subject must prove that harm has occurred, the EU GDPR does not require the data subject to demonstrate that the harm exceeded a particular level of seriousness before compensation can be claimed.

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