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CJEU Decision on the Non-Existence of a Right to Compensation for Breach of the General Data Protection Regulation of the European Union
The assessments and determinations made by the Court of Justice of the European Union (“the CJEU") on May 4, 2023, within the scope of the file of the Supreme Court of Austria (“the Court") issued within the scope of the case originating in Austria (C-300/21) are as follows in summary:
- The case involved Österreichische Post collecting political affiliations of Austrian citizens without consent, leading to a claim for compensation by a citizen for non-material damage suffered.
- The Austrian Supreme Court asked the Court of Justice whether compensation could be awarded for GDPR infringement alone or if a certain degree of seriousness was required, and how damages should be assessed.
- The Court of Justice ruled that compensation under the GDPR requires infringement of the GDPR, material or non-material damage resulting from the infringement, and a causal link between the damage and the infringement.
- The right to compensation is not limited to non-material damage that reaches a certain threshold of seriousness. Each Member State must prescribe detailed rules for safeguarding individuals' rights while complying with equivalence and effectiveness principles.
- The right to compensation has a compensatory function and seeks to ensure full and effective compensation for damage suffered.
The full text of Decision 72/23 of May 4, 2023 (in English) containing the aforementioned assessments is available here.
Our announcement (in Turkish) regarding the opinion of the CJEU Advocate General dated April 27, 2023 is available here.
Kind regards,
Zumbul Attorneys at Law