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ARTICLE · 05 JUNE 2023

CJEU Clarifies The Right To Compensation For GDPR Infringements Causing Non-Material Damage

Jones Day
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In the case at hand, Case C-300/21, the request for the CJEU's ruling was made in the context of proceedings between an Austrian citizen and Österreichische Post, the Austrian's postal service.

United KingdomPrivacy
Ozan Akyurek
Ozan Akyurek
Eric Barbier De La Serre
Eric Barbier De La Serre
Sarah Batley
Sarah Batley
Nicholas Cotter
Nicholas Cotter
Jörg Hladjk
Jörg Hladjk
Olivier Haas
Olivier Haas
Rhys Thomas
Rhys Thomas
Undine Von Diemar
Undine Von Diemar
Zoran Hocdé
Zoran Hocdé
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In Short

The Situation: There has been uncertainty over the circumstances in which data subjects can claim compensation for "mere" infringement of their rights without specific evidence of harm. On May 4, 2023, the Court of Justice of the European Union ("CJEU") ruled on the requirements governing the right to compensation for damages caused by infringement of the General Data Protection Regulation ("GDPR").

The Result: The CJEU held that (i) the mere infringement of the GDPR does not give rise to a right to compensation, (ii) there is a right to compensation even when the damage was non-material—the claimant doesn't have to prove the damage was serious, and (iii) national courts must assess damages in accordance with the domestic rules of each Member State which prescribe the prerequisites for determining the extent of compensation.

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