Court of Justice (Third Chamber) 20 June 2024, C-182/22 and C-189/22 (JU and SO v Scalable Capital GmbH.)

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In the joined cases C‑182/22 and C‑189/22, the Court addressed the interpretation of Article 82 of the General Data Protection Regulation (GDPR) concerning the right to compensation for non-material damage resulting from personal data theft. The Court concluded that the compensation serves an exclusively compensatory function, not a punitive one, and that non-material damage should be considered equally significant as physical injury, allowing for minimal compensation in cases of less serious damage. Additionally, the Court clarified that identity theft requires actual misuse of personal data for it to qualify for compensation under the GDPR.AI

European Union · · · Cited by 59 · 20-06-2024

JUDGMENT OF THE COURT (Third Chamber) 20 June 2024 ( *1 ) (References 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’ – Compensation of a punitive nature or purely in respect

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