CJEU clarifies threshold of damage for data subjects to claim compensation under Article 82(1) GDPR
In a judgement of 4 May 2023, the CJEU provides useful clarification on the necessary threshold of damage to be suffered by a data subject for them to claim compensation under Article 82(1) GDPR. The CJEU asserts that a mere infringement alone will not suffice to establish a right to compensation, and that the damage suffered must be material or non-material in nature. However, this threshold cannot be restricted to a certain degree of seriousness. The exact compensation awarded will be calculated in line with domestic law.
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