CJEU Meta v Bundeskartellamt ruling is dynamite
Jul 7, 2023
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2 min read
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GDPR offers no judicial remedy outside erasure requests to stop future unlawful processing, but Member States may. Non-material damage covers negative feelings – if proven. A controller’s fault doesn’t affect compensation, and a court order banning repeat GDPR violations can’t reduce or replace it.
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CJEU on General Court: 1) ❌ Someone's comment = their personal data, no need to examine further 2) ✅ Pseudonymised data isn’t always personal data for everyone, in every case 3) ❌ Identifiability must be assessed when data is collected and from the controller’s perspective; Deloitte's not relevant.
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"The General Court dismisses the action for annulment" and the EU-US DPF remains valid! For now – the case will likely be appealed.