- Enforcing jurisdiction
- Italy · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Court case 13073/23 – Court Ruling (Italy, 2023)
Privacy enforcement record
This record is classified outside cookie consent. Subject classification does not confirm an applicable law. It is not included in cookie statistics or the Risk Calculator.
An Italian court ruled that a municipality must compensate an employee for non-material damages due to the unlawful processing of their personal data. This ruling is significant because it reinforces the idea that even minor violations of data protection laws can lead to compensation. Companies should be aware that they can be held liable for the harm caused by mishandling personal data.
What happened
A court ordered a municipality to compensate an employee for non-material damages from the unlawful processing of their personal data.
Who was affected
An employee of the municipality who suffered harm due to the accidental publication of their personal data.
What the authority found
The court upheld that the municipality must compensate the employee for non-material damages, highlighting the link between GDPR violations and the right to compensation under Article 82 of GDPR.
Why this matters
This case sets a precedent that companies can be held accountable for non-material damages resulting from data breaches. Businesses should take data protection seriously to avoid potential liability.
View original scraped data
Original imported citations before automated processing; the processing history does not establish independent verification.
Source checks
Secondary-source text retrieved.
Automated check recorded — 21 March 2026.
Processing notes: national law identified.
Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources
A court of first instance ordered a municipality – the controller – to compensate one of its employees – the data subject – for non-material damages suffered as a consequence of an unlawful processing of personal data. In particular, the accidental publication of certain data unnecessarily affected the data subject’s reputation. The controller appealed the decision arguing that the court of first instance granted compensation for a GDPR violation without considering whether such a violation actually harmed the data subject. The Court of Cassation rejected the controller’s appeal. According to the court, the right to compensation for non-material damages directly stems not only from Article 82 GDPR, but also from Article 8 ECHR and Articles 2 and 21 of the Italian Constitution. In the first place, the court held that the right to compensation for non-material damages is not excluded by the fact that the controller subsequently brought processing operations into compliance with the GDPR. Second, the court stressed that not every violation necessarily leads to liability under Article 82 GDPR. As a matter of fact, the violation must have entailed actual harmful consequences on the data subject. That said, it is not necessary that the harm suffered meets a minimum threshold, being subject to compensation also a “marginal” damage. In this case, the Court of Cassation upheld the judgement of the court of first instance, as the latter considered the violation in its context and determined that type of data and factual circumstances objectively gave rise to non-material damages.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 13073/23 in IT
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 13073/23 - Italy (2023). Retrieved from cookiefines.eu
Last updated: