Fresh GDPR ruling says even 'minor anxiety' could mean payouts for EU folks
A major decision on GDPR compensation rights includes what looks like a nasty surprise for many businesses: thereAs we explained,"non-material" loss or damage means it didn't directly cost you any money, for example cause a loss of income. Examples include pain, suffering, shame, affronts to dignity, trauma and anxiety.
We understand that this is unexpected as it goes against the earlier Advocate General's opinion in October that there should be a threshold non-material damage that needs to pass before data subjects can make a claim, that"mere upset" shouldn't clear this. Schrems noted that his organization, noyb, had"already seen many GDPR cases being rejected for no good reason. If there would have been a threshold, it would have been very hard to define it. How many minutes did you have to be angry or cry? The law does not foresee such a threshold, just like there is no threshold for any other claim. You can also bring a lawsuit over 5 cents, the reality is just that no one does that.
The CJEU said in a statement this morning:"Not every infringement of the GDPR gives rise, by itself, to a right to compensation. Any other interpretation would run counter to the clear wording of the GDPR."
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