CJEU C-340/21 Natsionalna agentsia za prihodite (cybercrime)
Unauthorised disclosure or access doesn't equate to inadequate measures, but must be proven to prevent damages claims. National courts must assess your case concretely and cannot systematically rely on expert reports. Mere fear 😱 = non-material damages (but must be proven by the data subject).
Jan 8, 2024
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7 min read
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UPDATED: First interpretation of the Art. 14(5)(c) derogation! It applies to *all* data not collected from the data subject, including self-generated data. And a DPA can verify national law under Art. 14(5)(c) - but not include Art. 32 obligations under that. And beware of language differences!
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UPDATED: National case-law could be relevant under Article 6(1)(c) legal obligation. And while we get some further guidance on legitimate interest assessments, the CJEU creates some confusion around 'strictly necessary' again.