Non-Material Damage Compensation – The CJEU Enters The Fray

Introduction

On 4 May 2023, the CJEU delivered its first, and eagerly awaited, decision on the concept of 'non-material damage' arising from an infringement of the GDPR in the case of C-300/21 - UI v Osterreichische Post AG (the 'Austrian Post Case').

Prior to this, in October 2022, the CJEU's Advocate General had delivered an opinion on this concept. This opinion is the subject of a previous Insight, which can be found here. In summary, the opinion proposed that a de minimis approach be adopted for non-material damage claims under the GDPR i.e., that a certain minimum level of severity must be obtained to qualify for compensation. The opinion went on to provide that mere upset was not covered under the heading of non-material damage.