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In the event of a GDPR breach, an aggrieved party can not only count on enforcement by the Dutch Data Protection Authority but also claim damages themselves (Article 82 GDPR) — including for non-material damage. Below are six typical situations in which such a claim for damages may be relevant.
Right to compensation in addition to the fine
The GDPR empowers the Data Protection Authority to impose fines. In addition, a data subject who suffers damage as a result of a breach may recover that damage from the controller (Article 82 GDPR). This may involve material damage, but also non-material damage, such as loss of control over data. However, there must be actual damage.
Example situations
Damage claims may arise in cases including: a data breach resulting in sensitive data being exposed; providing data to the wrong person; processing or sharing data without a legal basis; retaining data for too long; failure to comply with a deletion request; and unlawful profiling or the incorrect linking of data. In such cases, the affected party may claim to have suffered damages.
Not every infringement leads to compensation
A claim for damages does not succeed automatically. The party concerned must demonstrate that they actually suffered damage as a result of the infringement; a mere violation is not always sufficient. Nevertheless, the risk is real, especially if many people are affected and file a joint claim.
What does this mean for you?
A GDPR breach can therefore hit you twice: a fine and damage claims, in addition to reputational damage. Prevent breaches with a sound legal basis, security measures, restricted access, and proper handling of requests. Acting with demonstrable care limits both the likelihood of a breach and its consequences.
Frequently Asked Questions
Can I receive a claim for damages in addition to a fine?
Yes. Data subjects can claim damages themselves in the event of a GDPR breach (Article 82 GDPR), including for non-material damage.
Does someone always receive compensation?
No. There must be actual damage; a mere violation is not always sufficient.
How do I limit this risk?
With a solid foundation, security, limited access, and proper handling of requests and data breaches.
Getting your privacy in order?
Our legal experts conduct a privacy scan and bring your data processing operations into compliance. View our privacyteam or schedule a free consultation.
