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October 16, 2020

No GDPR damages after data breach, says German court

GDPR News Court cases, cybersecurity, data breach, Germany, security

In a civil action following a personal data breach affecting a credit card bonus programme, the Regional Court (Landgericht) Frankfurt am Main rejected claims by a data subject who was affected by the breach for a cease-and-desist injunction and for compensation for non-material damage under Article 82(1) GDPR.

The decision is in line with the majority of similar restrictive interpretations of Article 82(1) GDPR by other German courts, requiring evidence of objective harm. Nevertheless, there are also a few more “generous” court decisions favoring a subjective test for proof of non-material damage.

Source: Germany: No GDPR damages after data breach – Privacy Matters

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