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NON MATERIAL DAMAGE :
legal basis compensation for non-material damages (Article 82(1) GDPR)
Recital 85 lists the following scenarios as potential cases of damages:

loss of control over [data subject’s] personal data,
limitation of [the data subjects’] rights,
discrimination,
identity theft or fraud,
financial loss,
unauthorised reversal of pseudonymisation,
damage to reputation,
loss of confidentiality of personal data protected by professional secrecy,
or any other significant economic or social disadvantage to the natural person concerned.


The courts IN GERMANY have however made clear that they will award compensation for non-material damages if plaintiffs can substantiate that they suffered "perceptible" negative consequences, which, according to the courts, means consequences that are more than insignificant annoyances. Defendant Seeks to Limit CCPA’s Private Right of Action and Force Massive Class Action into Binding Arbitration. CPW has previously covered how companies are increasingly turning to consumer arbitration agreements to limit litigation exposure.

Defendant Seeks to Limit CCPA’s Private Right of Action and Force Massive Class Action into Binding Arbitration

While an arbitration agreement does not allow a defendant to avoid a lawsuit outright, it does provide an escape mechanism from the public scrutiny and cost of litigation. Issues concerning application of arbitration agreements continue to come up in privacy class actions, with litigations brought under the California Consumer Privacy Act (“CCPA”) presenting unique considerations.

A recent CCPA class action may answer some open questions—read on below. Shadi Hayden v. Retail Equation et al., No. 20-cv-01203 (C.D. First, some background. The CCPA provides for a private right of action and has been used as a hook for several class action lawsuits. Now, let’s take a look at the TJ Maxx litigation.

In November 2020 T.J. In response to the motion to compel arbitration, Plaintiffs argued that T.J. Covington Alert EasyJet Latest Firm to Face UK Data Breach Class Action. Data collective actions the costs of losing control.

Google v Vidal Hall

Morrison supermarket. Richar LLoyd v Google. Gulati v MGN. BA class action. Easyjet class action. Equifax data breach class action. Cathay Pacific data breach. Virgin Media data breach class action. Spanish Consumer group v Facebook. Ticketmaster data breach class action. Group litigation for personal data breaches – where are we now? In addition to the power of the Information Commissioner’s Office (ICO) to issue higher monetary penalties under GDPR, the recent wave of data protection group litigation claims in the UK courts highlights the additional liabilities that businesses may suffer to individual data subjects.

Group litigation for personal data breaches – where are we now?

Rise of data protection group litigation claims The UK courts have recently seen several high-profile group litigation cases for breach of data protection legislation. Such claims were made either on an opt-in basis pursuant to a Group Litigation Order, where individual claimants have to take positive steps to join the action, or on an opt-out basis, known as representative actions, where individuals are not required to be named or joined at the inception of the proceedings. Following the Group Litigation Order for the Morrisons case, the High Court granted another Group Litigation Order for claims brought against British Airways in relation to its high profile data breach in 2018. 1. 2. Lloyd v Google. CLASS ACTIONS. CLASS ACTIONS. FRANCE Class action. Compensation for non-material damage pursuant to Article 82 GDPR – Eoin O’Dell – Inforrm's Blog.

The General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 [the GDPR]) provides both for public enforcement by data protection authorities and for private enforcement by any person who has suffered damage as a result of an infringement of the Regulation (on this inter-connection, see Johanna Chamberlain & Jane Reichel “The Relationship Between Damages and Administrative Fines in the EU General Data Protection Regulation” 89 Mississippi Law Journal (forthcoming 2020; SSRN)).

Compensation for non-material damage pursuant to Article 82 GDPR – Eoin O’Dell – Inforrm's Blog

As to private enforcement by means of damages claims, Article 82(1) GDPR provides that “[a]ny 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”. 11 June 2019 (Oberlandesgericht Dresden, 4. This is not the only aspect of Article 82 that could reach the CJEU. Like this: Like Loading...