DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Germany: No GDPR damages after data breach

Posted on October 13, 2020 by Dissent

Seen at DLA Piper:

One of the many open questions of data protection law in Europe is how compensation for “non-material damage” will be calculated.  In contrast to personal injury claims where lawyers have (hundreds of) years of case law to call upon to help calculate compensation, there is comparatively little case law considering how compensation will be calculated for distress when personal data are processed in breach of GDPR.  The German courts have been helping to fill this legal void with a number of recent decisions which will be welcomed by controllers and processors.  Although there are some more data subject friendly court decisions in Germany these are increasingly seen as outliers; the developing trend of decisions in Germany is that a mere loss of control of personal data and a subjective feeling of distress on the part of the affected data subject is insufficient to prove non-material damage.  There must be some objective harm.  It is still early days in the evolution of case law regarding non-material losses so it is possible that the case law of the German courts will evolve along a more data subject friendly subjective approach, but this recent case and the majority of decisions to date favor a narrower objective test to prove non-material damage which will come as a relief to data controllers and processors alike.

Summary

In a civil action following a personal data breach affecting a credit card bonus programme, the Regional Court (Landgericht) Frankfurt am Main rejected claims by a data subject who was affected by the breach for a cease-and-desist injunction and for compensation for non-material damage under Article 82(1) GDPR. The decision is in line with the majority of similar restrictive interpretations of Article 82(1) GDPR by other German courts, requiring evidence of objective harm. Nevertheless, there are also a few more “generous”  court decisions favoring a subjective test for proof of non-material damage.

Read more about the facts of the case and the opinion on DLA Piper.  I am always grateful to those firms who write up non-English language cases so that we can become more aware of important opinions and privacy developments.

No related posts.

Category: Commentaries and AnalysesFederalNon-U.S.Of Note

Post navigation

← His Writing Radicalized Young Hackers. Now He Wants to Redeem Them
Home security cams hacked in Singapore, and stolen footage sold on adult websites →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Air Force Employee Pleads Guilty to Conspiracy to Disclose Unlawfully Classified National Defense Information
  • UK police arrest four in connection with M&S, Co-op and Harrods cyberattacks (1)
  • At U.S. request, France jails Russian basketball player Daniil Kasatkin on suspicion of ransomware conspiracy
  • Avantic Medical Lab hacked; patient data leaked by Everest Group
  • Integrated Oncology Network victim of phishing attack; multiple locations affected (2)
  • HHS’ Office for Civil Rights Settles HIPAA Privacy and Security Rule Investigation with Deer Oaks Behavioral Health for $225k and a Corrective Action Plan
  • HB1127 Explained: North Dakota’s New InfoSec Requirements for Financial Corporations
  • Credit reports among personal data of 190,000 breached, put for sale on Dark Web; IT vendor fined
  • Five youths arrested on suspicion of phishing
  • Russia Jailed Hacker Who Worked for Ukrainian Intelligence to Launch Cyberattacks on Critical Infrastructure

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • How to Build on Washington’s “My Health, My Data” Act
  • Department of Justice Subpoenas Doctors and Clinics Involved in Performing Transgender Medical Procedures on Children
  • Google Settles Privacy Class Action Over Period Tracking App
  • ICE Is Searching a Massive Insurance and Medical Bill Database to Find Deportation Targets
  • Franklin, Tennessee Resident Sentenced to 30 Months in Federal Prison on Multiple Cyber Stalking Charges
  • On July 7, Gemini AI will access your WhatsApp and more. Learn how to disable it on Android.
  • German court awards Facebook user €5,000 for data protection violations

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.