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ARTICLE · 26 MAY 2023

GDPR-Compensation For Non-material Damage Not Automatic, CJEU Confirms

Preiskel & Co
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On 4 May 2023, the Court of Justice of the European Union ("CJEU") delivered a preliminary ruling for the case UI v Österreichische Post AG (Case C-300/21).

European UnionPrivacy
Jose Saras
Jose Saras
Xavier Prida
Xavier Prida

On 4 May 2023, the Court of Justice of the European Union ("CJEU") delivered a preliminary ruling for the case UI v Österreichische Post AG (Case C-300/21). The CJEU addressed three important questions surrounding the interpretation of Article 82 of the General Data Protection Regulation ("GDPR") on the right to compensation:

  • Is an infringement of the GDPR alone enough to warrant the right to compensation?
  • Does Article 82 propose that national courts should apply domestic rules to determine the extent of financial compensation?
  • Does Article 82(1) preclude a national rule which enforces a threshold of seriousness that must be satisfied before a data subject can receive compensation for non-material damage?

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