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ARTICLE · 24 MAY 2023

Data Breach Compensation Claims: Non-Material Damage

Dillon Eustace
Dillon Eustace
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The General Data Protection Regulation 2016/697 ("the GDPR") and the Irish Data Protection Act 2018 ("the DPA") expressly provide that an individual ("the data subject") has the right to compensation...

European UnionPrivacy
Peter Bredin
Peter Bredin
Rachel Turner
Rachel Turner
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The General Data Protection Regulation 2016/697 ("the GDPR") and the Irish Data Protection Act 2018 ("the DPA") expressly provide that an individual ("the data subject") has the right to compensation in respect of material and non-material damage suffered because of a personal data breach. To date, the Irish Courts have not published a written judgment on what constitutes "non-material"  damage pursuant to the GDPR. However, a recent judgment delivered by the Court of Justice of the European Union ("the CJEU") on 4 May 2023 now provides some clarity for practitioners and data controllers when dealing with such claims.

In this article, we will consider the recent judgment delivered by the CJEU that will have direct effect on all claims that are currently pending and/or stayed before the Irish Courts.

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