GDPR – Non-Material Damages Claim

Proof of Damage required

The GDPR and the Austrian DSG provide for liability provisions for the violation of the protection of personal data (Article 82 DSGVO and Section 29 DSG). They must be distinguished from administrative penalties of the GDPR, according to which, as is well known, exorbitant fines can be imposed. These liability provisions grant legal protection under civil law. In the event of a data protection violation, an injured party can thus – irrespective of any administrative penalty imposed – claim damages from the injuring party in tort. For those responsible for data protection law (and processors), they thus constitute an additional liability risk. [...] You can read the whole article in German here in this PDF.

The article was written by Philipp Scheuba and Stefan Humer for the client magazine Spotlight of GrECo International AG Versicherungsmakler und Berater in Versicherungsangelegenheiten. You can download the complete magazine here.