Article 82Right to compensation and liability

Official text

Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.

Open the article on EUR-Lex

Other articles in this chapter

• 77
• 78
• 79
• 80
• 81
• 83
• 84

Decisions applying this article

Court, citation and the paragraphs of the reasons where the article is dealt with.

• C-300/21 · Österreichische Post2023-05-04

  Court of Justice of the European Union

  Whether an infringement in itself gives a right to compensation, or whether actual damage must be shown.

  Paragraphs 32, 42, 50

• [2021] UKSC 50 · Lloyd mot Google LLC2021-11-10

  Supreme Court of the United Kingdom

  Whether damages for a data protection infringement can be awarded uniformly across a class without proof of harm per person.

  Paragraphs 138, 139

Judgments of the Court of Justice

9 decisions

• C-655/23Court of Justice of the European Union2025-09-04

  IP v Quirin Privatbank AG

  Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Rights of the data subject – Article 17 – Right to erasure of data – Article 18 – Right to restriction of processing – Article 79 – Right to an effective judicial remedy – Unlawful processing of personal data – Action seeking an order requiring the controller to refrain from any further unlawful processing in the future – Basis – Conditions – Article 82(1) – Right to compensation – Concept of ‘non-material damage’ – Assessment of the compensation – Possible consideration of the degree of fault on the part of the controller – Possible impact of the grant of a ‘prohibitory injunction’.

• C-507/23Court of Justice of the European Union2024-10-04

  A v Patērētāju tiesību aizsardzības centrs

  Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 82(1) – Right to compensation and liability – Unlawful processing of data – Infringement of the right to protection of personal data – Concept of ‘damage’ – Compensation for non-material damage in the form of apologies – Whether permissible – Principle of effectiveness – Assessment of the form and level of compensation – Whether possible to take into consideration the attitude and motivation of the controller.

• C-590/22Court of Justice of the European Union2024-06-20

  AT and BT v PS GbR and Others

  Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82(1) – Right to compensation for damage caused by data processing which infringes that regulation – Concept of ‘non-material damage’ – Impact of the seriousness of the damage suffered – Assessment of the amount of compensation – Claim for compensation for non-material damage based on fear – Inapplicability of the criteria laid down for administrative fines in Article 83 – Dissuasive function – Assessment where that regulation and national law are infringed simultaneously.

• Mål C-182/22 och C-189/22Court of Justice of the European Union2024-06-20

  JU and SO v Scalable Capital GmbH

  Joined Cases C-182/22 and C-189/22.

• C-741/21Court of Justice of the European Union2024-04-11

  GP v juris GmbH

  Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82 – Right to compensation for damage caused by data processing that infringes that regulation – Concept of ‘non-material damage’ – Impact of the seriousness of the damage suffered – Liability of the controller – Possible exemption in the event of default of a person acting under his or her authority within the meaning of Article 29 – Assessment of the amount of compensation – Inapplicability of the criteria laid down for administrative fines in Article 83 – Assessment in the event of multiple infringements of that regulation.

• C-687/21Court of Justice of the European Union2024-01-25

  BL v MediaMarktSaturn Hagen-Iserlohn GmbH

  Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Interpretation of Articles 5, 24, 32 and 82 – Assessment of the validity of Article 82 – Inadmissibility of the request for an assessment of validity – Right to compensation for damage caused by data processing which infringes that regulation – Transmission of data to an unauthorised third party on account of an error made by the employees of the controller – Assessment of the appropriateness of the protection measures implemented by the controller – Compensatory function fulfilled by the right to compensation – Effect of the severity of the infringement – Whether necessary to establish the existence of damage caused by that infringement – Concept of ‘non-material damage’.

• C-667/21Court of Justice of the European Union2023-12-21

  ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts

  Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 6(1) – Conditions for lawful processing – Article 9(1) to (3) – Processing of special categories of data – Data concerning health – Assessment of an employee’s working capacity – Health insurance medical service processing data concerning the health of its own employees – Conditions for such processing and whether permissible – Article 82(1) – Right to compensation and liability – Compensation for non-material damage – Compensatory function – Impact of negligence on the part of the data controller.

• C-340/21Court of Justice of the European Union2023-12-14

  VB v Natsionalna agentsia za prihodite

  Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 5 – Principles relating to that processing – Article 24 – Accountability of the controller – Article 32 – Measures implemented to ensure security of processing – Assessment of the appropriateness of such measures – Scope of judicial review – Taking of evidence – Article 82 – Right to compensation and liability – Possible exemption from liability of the controller in the event of infringement by third parties – Claim for compensation for non-material damage based on fear of potential misuse of personal data.

• C-456/22Court of Justice of the European Union2023-12-14

  VX and AT v Gemeinde Ummendorf

  Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Article 82 – Right to compensation and liability – Concept of ‘non-material damage’ – Online publication of the agenda for a municipal council meeting containing personal data – Publication without the consent of the data subjects – Claim of those data subjects seeking compensation for non-material damage.