Direct answer · GDPR
Compensation for a GDPR infringement
Only if there is also damage. Anyone who has suffered material or non-material damage as a result of an infringement of the GDPR has the right to receive compensation (Article 82(1)). The Court of Justice held in Österreichische Post that the mere infringement is not enough: there must be damage caused by the infringement. National law may not, however, set a threshold of seriousness for non-material damage.
For you to establish
- What damage is there, and was it caused by the infringement?
Articles
- Art. 82(1) GDPR Right to compensation.
- Art. 82(3) GDPR Exemption if the organisation proves it is not responsible.
Case law
- Österreichische Post (damages) (CJEU, C-300/21, ECLI:EU:C:2023:370, 2023-05-04)Operative part: a mere infringement is not enough; no threshold of seriousness for non-material damage.
Read the article Check your own case General interpretation, not legal advice. The official source remains authoritative.
