The German Federal Court of Justice (Bundesgerichtshof or BGH) recently made a landmark judgment regarding non-material damages for loss of control over personal data. In a case involving Facebook, the court ruled that even a mere and brief loss of control over personal data can constitute non-material damages under Article 82(1) of the General Data Protection Regulation (GDPR).
This decision is significant because it provides clarity on a previously controversial issue. The court acknowledged that there’s no need for the data to be misused in a specific way or for there to be additional noticeable negative consequences.
Key Takeaways:
– Loss of Control: The BGH has established that the mere loss of control over personal data can be considered non-material damage.
– No Need for Misuse: The data doesn’t need to be misused in a specific way for non-material damage to occur.
– Reasonable Amount: The court deemed EUR 100 a reasonable amount for damages in this specific case, although this amount may vary depending on individual circumstances.
The BGH has referred the case back to the court of appeal for a new hearing and decision. This judgment sends a signal that the BGH considers the loss of personal data to be low in relation to the amount of damages.
