Major decision on GDPR compensation rights expected soon
out that the category also includes the pain of broken bones or a"slap in the face." You can contrast this with material damage, for example loss of income. The law gives EU residents a right to claim compensation from an organization if they have suffered damage because the org has broken data protection law.
The specific case that's being decided may have far-reaching consequences for tech giants processing the personal data of millions across the bloc, particularly against the backdrop of recent growth in AI and the necessary ingestion of data behind it. One can easily see how much"non-material" damage might arise from that.
Global law firm Linklaters LLP has said that if the ECJ were to"unexpectedly allow individuals to claim compensation for mere breach or upset, that would open the way to class actions on behalf of those individuals that will run into billions of euros." Before we get into the details of the case, we should mention the plaintiff isn't the only individual who's suing for non-material damages under the data protection law – there are several other cases about. But an ECJ ruling on this one will be instructive.
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