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A GDPR breach can cost you more than a fine from the Dutch Data Protection Authority. In addition, data subjects can claim compensation themselves (Article 82 GDPR), including for non-material damage. A hospital that failed to adequately protect privacy was forced to pay compensation in this way. Good data protection is therefore doubly important.
Fines and damage claims
We often emphasize that a GDPR violation can lead to substantial fines from the Dutch Data Protection Authority — think of the fine a hospital received because employees had too easy access to patient data. But it doesn't stop there: the data subjects themselves can also claim compensation.
Right to compensation (Article 82 GDPR)
If someone suffers damage as a result of a breach of the GDPR, they can recover that damage from the controller (Article 82 GDPR). This can be material damage, but also non-material damage — for example, through loss of control over sensitive data or an infringement of privacy. However, there must be actual damage; a mere violation is not always sufficient.
The lesson: protect data well
Insufficient security or excessive access to personal data can therefore result in both a fine and a claim for damages, in addition to reputational damage. Ensure that only authorized persons have access to (sensitive) data, log access, and secure systems appropriately.
Prevention is cheaper
Map out your processing activities and access rights, restrict access to what is necessary, and document your measures. This reduces the risk of a breach and the resulting costs. Furthermore, demonstrably acting with due care helps should a claim or audit nevertheless occur.
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 for an infringement?
Not automatically. There must be actual damage; a mere violation is not always sufficient.
How do I prevent this?
Restrict access to personal data, secure systems appropriately, and document your measures.
Is your data protection in order?
Our legal experts conduct a privacy scan and draft your data processing agreement . View our privacyteam or schedule a free consultation.
