Topic: Non-material damages

Representative Actions Directive could help close public enforcement gap

Although questions on the assessment of damages, funding and its implementation remain open, consumer rights experts have said the Representative Actions Directive could provide individuals with a new avenue for redress.

26 May 2023

High Court issues GDPR damages

A High Court judge has ordered a police force to pay compensation after illegally disclosing a claimant’s personal data.

16 May 2023

ECJ ruling revives GDPR damage claims

The European Court of Justice has rejected any need for a seriousness threshold for GDPR non-material damages, in a ruling that departed from an earlier opinion which could have shot down such claims across the EU.

04 May 2023

ECJ opinion: Controllers face high burden of proof on breach liability

A European Court of Justice advocate-general has said controllers are subject to a high standard of proof should they seek to avoid liability for data breaches.

28 April 2023

Australian regulator causes data breach complaint confusion

Australia's data regulator has told a law firm that it will not investigate a representative complaint, causing confusion about its duties under national privacy rules.

18 April 2023

Oracle class action survives

A California judge has allowed most of a proposed class action against Oracle to continue, but said some of the plaintiffs’ arguments only “barely” survived.

11 April 2023

Austrian credit scoring decision could lead to future damages, says noyb

The Austrian regulator has found that credit scoring company CRIF unlawfully collected and processed data from a direct marketing company, a move which complainant noyb has identified as a test case for millions of Austrians.

28 March 2023

Judge raises further questions on Austrian Post case

A Belgian judge has warned that a highly-anticipated European Court of Justice ruling on non-material damages will lead to more questions about GDPR private enforcement.

24 March 2023

Another appeal over German non-material damages claim withdrawn

Scalable Capital has withdrawn its appeal against an order to pay non-material damages following a breach of customer data, potentially signalling further losses in parallel cases it is fighting across Germany.

06 March 2023

Irish court pauses data breach claim to await ECJ decision

The Dublin Circuit Court has agreed to put a data breach damages case on hold pending the outcome of half a dozen highly-anticipated European Court of Justice decisions.

30 January 2023

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