Court case 5 O 151/19 – Court Ruling (Germany, 2021)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
A German court is considering questions about compensation for non-material damage under GDPR. The case will help clarify how emotional or reputational harm is handled under privacy laws.
What happened
The court is examining how non-material damages, like emotional distress, should be compensated under GDPR.
Who was affected
Individuals who may suffer non-material harm due to privacy violations.
What the authority found
The court is assessing whether non-material damage under GDPR includes any impairment of legal rights and how compensation should be calculated.
Why this matters
This case could set important guidelines for how non-material damages are assessed and compensated under GDPR. It highlights the evolving nature of privacy law regarding emotional and reputational harm.
GDPR Articles Cited
Facts pending decision. Questions referred: 1. In the light of recital 85 and the third sentence of recital 146 of the GDPR, is the concept of ‘non-material damage’ in Article 82(1) of the GDPR to be understood as covering any impairment of the protected legal position, irrespective of the other effects and materiality of that impairment? 2. Is liability for compensation under Article 82(3) of the GDPR excluded by the fact that the infringement is attributed to human error in the individual case on the part of a person acting under the authority of the processor or controller within the meaning of Article 29 of the GDPR? 3. Is it permissible or necessary to base the assessment of compensation for non-material damage on the criteria for determining fines set out in Article 83 of the GDPR, in particular in Article 83(2) and 83(5) of the GDPR? 4. Must the compensation be determined for each individual infringement, or are several infringements – or at least several infringements of the same nature – penalised by means of an overall amount of compensation, which is not determined by adding up individual amounts but is based on an evaluative overall assessment?
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Court case 5 O 151/19 in DE
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Court case 5 O 151/19 - Germany (2021). Retrieved from cookiefines.eu
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