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Moderate impactCourt rulingPublished

CJEU Advocate General opinion may limit GDPR non‑material damages compensation

The Advocate General of the Court of Justice of the EU issued an opinion that could restrict the right to claim non‑material damages under the GDPR. The opinion questions whether Article 82 allows damages without material loss and suggests member states could set higher thresholds. The final CJEU judgment is expected in the coming months.

Why it matters: The opinion threatens a key enforcement tool for GDPR privacy rights, potentially reducing compensation for data‑protection violations.

Summary generated from the sources below. Check the primary source before relying on it; this is not legal advice.

Sources
Alarming: Court of Justice may severely limit enforcement of European’s privacy rights
noyb · primary source · Oct 13, 2022
Legal Analysis: No non-material damages for GDPR violations?
noyb · Oct 12, 2022
Alarming: Court of Justice may severely limit enforcement of European’s privacy rights
noyb · Oct 13, 2022
Legal Analysis: No non-material damages for GDPR violations?
noyb · Oct 12, 2022
Details
JurisdictionEuropean Union
RegulatorEDPB
LegislatureCourt of Justice of the European Union
CourtCourt of Justice of the European Union
LawGeneral Data Protection Regulation
CaseC-300/21
StatusPublished
PublishedOctober 13, 2022
Effectivenot stated
DecisionOctober 6, 2022
OrganisationsAustrian Postal Service, Österreichische Post AG, Austrian Supreme Court, Austrian Data Protection Authority, Austrian Supreme Court (OGH)
Topicsprivacy, profiling, targeted advertising, automated decision making, ai governance
Datapersonal, sensitive