damages - DPO Hub

🇮🇪 DPC fines LinkedIn €310m for illegal behavioural analysis and targeted advertising ('BA & TA')

members – 7 min read

Key takaways: Lack of lawful basis = loss of control = 'significant damage', lawful bases are notoriously tricky to get right, and most have lots to gain in improving information and transparency. Full decision = a key lesson on legitimate interest and LIAs.

Jan 22, 2025

CJEU GC EUDPR T‑354/22 Bindl v Commission 8 Jan 2025

members – 2 min read

The CJEU's General Court orders the European Commission to pay €400 in non-material damages for US transfers made in March 2022, when no adequacy decision or alternative safeguard was in place. Expect an appeal!

Jan 10, 2025

CJEU C-687/21 MediaMarktSaturn 25 Jan 2024

members – 3 min read

Accidental disclosure ≠ poor measures. Compensation is purely compensatory, not punitive, and requires proof of harm caused by a violation—though the severity of it doesn't affect the amount. Fear alone isn’t enough if no misuse occurred.

Dec 29, 2024

CJEU C-507/23 Pateretaju tiesibu aizsardzibas centrs (PTAC) 4 Oct 2024

members – 2 min read

A GDPR breach isn't automatically "damage" under Article 82(1). An apology may compensate for non-material damage if it fully remedies the harm and it's impossible to restore the original situation, but whether you're sorry or not doesn't matter (but maybe it can prevent matters from escalating).

Dec 28, 2024

CJEU C-200/23 Agentsia po vpisvaniyata 4 Oct 2024

members – 6 min read

Tag, you're it! Got personal data --> you're a controller and can't shift accountability to the data subject. Temporary loss of control (e.g. public disclosure) can lead to damage, but harm must be proven. Handwritten signatures = personal data.

Dec 28, 2024

CJEU C-590/22 PS (Incorrect address) and C-182/22 Scalable Capital 20 Jun 2024

members – 5 min read

⚖️ 9 points interpreting Art. 82(1), including: its aim is to compensate for damage, not to punish or deter GDPR violations; fear alone or stolen personal data can trigger claims if proven; and national courts can grant minimal compensation for minor damage.

Jun 25, 2024

CJEU C‑741/21 juris 11 Apr 2024

members – 5 min read

Breaching GDPR rights doesn't automatically result in non-material damage, and controllers can't (ever?) escape liability simply because someone under their authority didn't follow instructions.

Apr 26, 2024