Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 22 MAY 2023

GDPR Compensation: Some Welcome Clarity From The CJEU

Arthur Cox
Explore more from Arthur Cox

The Court of Justice of the European Union (the "CJEU") has issued a decision on the requirements to fulfil a damages claim under Article 82 GDPR.

European UnionPrivacy
Colin Rooney
Colin Rooney
Aoife Coll
Aoife Coll
Author LinkedIn connections

The Court of Justice of the European Union (the "CJEU") has issued a decision on the requirements to fulfil a damages claim under Article 82 GDPR. The Court found that mere infringement of the GDPR does not give a right to compensation but that there is no requirement for non-material damage suffered to reach a certain threshold of seriousness in order to confer a right to compensation.

The court set out three cumulative conditions to establish a claim for compensation under Article 82 GDPR:

An infringement of the GDPR;

Material or non-material damage resulting from that infringement; and

A causal link between the damage suffered and the infringement in question.

As noted above, the CJEU confirmed that not every infringement of the GDPR will give rise to a right to compensation. The Court noted that Articles 77 and 78 GDPR provide for legal remedies before or against a supervisory authority, without the requirement for damage to have been suffered.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The Data Act – “Access By Design” Requirement Comes Into Force

The European Union's Data Act introduces a groundbreaking "access by design" requirement that fundamentally changes how manufacturers must approach product development for connected devices and IoT products. From September 2026, businesses placing connected products on the EU market must ensure users can directly access their generated data by default, shifting data accessibility from a reactive request-based model to a proactive design imperative.
IrelandPrivacy
Matheson
Matheson
Article

The Data Act – Part I: Key Considerations Regarding Data Access And Sharing

The EU Data Act, which became applicable on 12 September 2025, fundamentally reshapes how businesses handle data generated by connected devices and related services. With Ireland's General Scheme published in February 2026 designating ComReg and CCPC as enforcement authorities, companies must now assess their compliance obligations across data sharing frameworks, contractual terms, and user access rights or face significant fines.
IrelandPrivacy
Matheson
Matheson
Article

The Data Act: “Access By Design” Requirement Comes Into Force For Medical Devices

The Data Act's "access by design" requirement came into force on 12 September 2026, mandating that manufacturers of connected products and providers of related services must enable direct user access to generated data by default. This article examines the scope of this new obligation and its practical implications for businesses in the Life Sciences sector, particularly those developing medical devices and Internet of Things products.
IrelandPrivacy
Matheson
Matheson