GP v juris GmbH (Protection of natural persons with regard to the processing of personal data - Right to compensation for damage caused by data processing - Judgment) [2024] EUECJ C-741/21 (11 April 2024)

GP v juris GmbH (Protection of natural persons with regard to the processing of personal data - Right to compensation for damage caused by data processing - Judgment) [2024] EUECJ C-741/21 (11 April 2024)

An infringement of GDPR provisions conferring rights on the data subject is not sufficient in itself to constitute non-material damage under Article 82(1) GDPR; actual damage must be proven. Controllers cannot avoid liability under Article 82(3) GDPR by attributing the breach to persons acting under their authority. The criteria for administrative fines under Article 83 GDPR do not apply to compensation under Article 82 GDPR, and compensation must be based solely on the actual damage suffered, not on the number or gravity of infringements.

Citation
[2024] EUECJ C-741/21
Parties
Applicant: GP; Respondent: juris GmbH
Jurisdiction
European Union
Judgment Date
11 April 2024
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment on Reference From Landgericht Saarbrücken (regional Court, Saarbrücken, Germany)
Outcome
Preliminary ruling issued; interpretation of GDPR provided to referring court.
Legal Topics
GDPR Article 82 Compensation, Non Material Damage, Controller Liability, Assessment of Damages, Multiple Infringements
Data Protection European Union Law GDPR Article 82 Compensation Non Material Damage Controller Liability Assessment of Damages Multiple Infringements

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Parties

GP

Applicant

juris GmbH

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment on Reference From Landgericht Saarbrücken (regional Court, Saarbrücken, Germany)

Legal Issues

  1. 1 Whether infringement of GDPR provisions conferring rights on data subjects is sufficient in itself to constitute non-material damage under Article 82(1) GDPR
  2. 2 Whether controller can be exempted from liability under Article 82(3) GDPR by claiming damage was caused by a person acting under its authority
  3. 3 Whether criteria for administrative fines under Article 83 GDPR apply to assessment of compensation under Article 82 GDPR

Ratio Decidendi

An infringement of GDPR provisions conferring rights on the data subject is not sufficient in itself to constitute non-material damage under Article 82(1) GDPR; actual damage must be proven. Controllers cannot avoid liability under Article 82(3) GDPR by attributing the breach to persons acting under their authority. The criteria for administrative fines under Article 83 GDPR do not apply to compensation under Article 82 GDPR, and compensation must be based solely on the actual damage suffered, not on the number or gravity of infringements.

Court Disposition

Preliminary ruling issued; interpretation of GDPR provided to referring court.

Orders

  • Article 82(1) GDPR does not allow compensation for non-material damage solely on the basis of infringement; actual damage must be proven.
  • Controller cannot be exempted from liability under Article 82(3) GDPR merely by blaming persons acting under its authority.