GDPR Ruling May Open Door To More EU Compensation Suits

GDPR Ruling May Open Door To More EU Compensation Suits

May 5, 2023, Law360

Daniel Cooper's commentary appeared in a Law360 article about the European Union's top court's decision that not every infringement of General Data Protection Regulations automatically gives rise to a right of compensation, finding that a claimant must show they suffered some form of pain, anxiety, or inconvenience as a result.

But importantly for plaintiffs, the court ruled that individuals have the right to compensation for non-material, or non-economic, damage resulting from GDPR violations, even if the damage suffered does not reach a certain level of seriousness.

Daniel said he doesn't expect "to see the masses at the barricades tomorrow bringing claims" as there are still going to be barriers and thresholds to bringing a successful claim.

The ECJ did note that to be eligible for compensation, claimants must still prove someone violated GDPR in the first place. They then have to show that they suffered damages of some sort, and prove that the violation caused that harm, according to the judgment.

"That is still going to be a tricky thing for a litigant to establish," Dan said.