The Compensation of Non-Pecuniary Loss in GDPR Infringement Cases

Abstract

According to art 82(1) of the General Data Protection Regulation (GDPR), 'any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered'. This provision is at the core of the private enforcement of data protection rights; its interpretation could thus have major implications for business, administration and other organisations. Despite its potential for mass litigation, the case law under art 82(1) GDPR is limited and, five years after the Regulation entered into force, several questions remain still unanswered. This paper gives an overview of the most significant issues relating to the right of data subjects to the compensation of non-pecuniary loss, pending five significant CJEU judgments, which are expected to be delivered in 2023.