Legal Framework On Non-material Damages Under The GDPR: A Status Quo

The General Data Protection Regulation (GDPR) has marked a transformative shift in the landscape of privacy rights, establishing rigorous standards for data processing and increasing liability for GDPR non-compliance. To that effect, Article 82 of the GDPR grants individuals the right to seek compensation for both material and non-material damages suffered as a consequence of GDPR infringements. In the Netherlands, litigation to seek compensation for damages related to breaches of GDPR have been common ever since the GDPR entered into force. In this article we assess recent Court of Justice of the European Union (CJEU) decisions relating to non-material damages arising under the GDPR and explores the development of the concept of non-material damages under the GDPR both at the EU level and within the Dutch legal framework.