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ARTICLE · 20 JULY 2023

Irish Court Awards €2,000 For Non-Material Loss Under The GDPR

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For the first time, the Irish courts have delivered a written judgment awarding damages for "non-material loss" suffered following an infringement of the GDPR.

IrelandPrivacy
Davinia Brennan
Davinia Brennan
Michael Byrne
Michael Byrne
Clodagh Crumlish
Clodagh Crumlish
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For the first time, the Irish courts have delivered a written judgment awarding damages for "non-material loss" suffered following an infringement of the GDPR. "Non-material loss" refers to damages for non-financial loss, sometimes also described as "pain and suffering".

In the Circuit Court case of Kaminski v Ballymaguire Foods [2023] IECC 5, Judge John O'Connor awarded the claimant €2,000 for non-material damages suffered following an infringement of the GDPR. The court found that the decision of the CJEU in UI v Österreichische Post AG ("the Austrian Post case")(previously discussed here) provides a mechanism for the Irish courts to take a consistent approach to claims for non-material loss under the GDPR.

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