GDPR Art. 82 EN

Right to compensation and liability

In force — consolidated2016-05-04 · CELEX 02016R0679-20160504 · ELI ↗

Version history 2

2016-05-04in force CELEX 02016R0679-20160504
2016-04-27 CELEX 32016R0679

1.

Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.¶

Processors Liability Controllers 204
2.

Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller.¶

Processors Controllers 39
3.

A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage.¶

Processors Controllers 27
4.

Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject.¶

Processors Personal Data Controllers 3
5.

Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2.¶

Processors Controllers 2
6.

Court proceedings for exercising the right to receive compensation shall be brought before the courts competent under the law of the Member State referred to in Article 79(2).¶

1

Enforcement

Cited in 18 fines totalling €1.3B

Top authority: 🇪🇺French Data Protection Authority (CNIL) (16) · median fine €60,000,000 · see all enforcement for Art. 82 →

Connections by provision

82(1) 203 Case Law 1 Literature .md

Case Law 203

Judgment of the Court (Third Chamber) of 11 April 2024.#GP v juris GmbH.#Request for a preliminary ruling from the Landgericht Saarbrücken.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82 – Right to compensation for damage caused by data processing that infringes that regulation – Concept of ‘non-material damage’ – Impact of the seriousness of the damage suffered – Liability of the controlle Judgment of the Court (Grand Chamber) of 30 April 2024.#Criminal proceedings against M.N.#Request for a preliminary ruling from the Landgericht Berlin.#Reference for a preliminary ruling – Judicial cooperation in criminal matters – Directive 2014/41/EU – European Investigation Order (EIO) in criminal matters – Obtaining of evidence already in the possession of the competent authorities of the executing State – Conditions for issuing an EIO – Encrypted telecommunications service – EncroChat – Nee Judgment of the Court (Third Chamber) of 20 June 2024.#JU and SO v Scalable Capital GmbH.#Request for a preliminary ruling from the Amtsgericht München.#References for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82 – Right to compensation for damage caused by data processing that infringes that regulation – Concept of ‘non-material damage’ – Compensation of a punitive nature or purely in respect of damag Judgment of the Court (Third Chamber) of 20 June 2024.#AT and BT v PS GbR and Others.#Request for a preliminary ruling from the Amtsgericht Wesel.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82(1) – Right to compensation for damage caused by data processing which infringes that regulation – Concept of ‘non-material damage’ – Impact of the seriousness of the damage suffered – Assessment of t OLG München - 36 U 1054/25 e CA - EWCA Civ 899 Vince v. Associated Newspapers Limited UI v Österreichische Post AG CJEU - C-526/24 - Brillen Rottler +195 more

Literature 1

The Court of Justice on the Excessiveness of Access Requests under the GDPR

82(2) 39 Case Law .md

Case Law 39

Order of the Vice-President of the Court of 14 July 2021.#European Commission v Republic of Poland.#Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Independence of the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Charter of Fundamental Rights of the European Union – Article 47 – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of quest Judgment of the Court (Third Chamber) of 11 April 2024.#GP v juris GmbH.#Request for a preliminary ruling from the Landgericht Saarbrücken.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82 – Right to compensation for damage caused by data processing that infringes that regulation – Concept of ‘non-material damage’ – Impact of the seriousness of the damage suffered – Liability of the controlle Order of the Vice-President of the Court of 27 October 2021.#European Commission v Republic of Poland.#Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of questions of law concerning the lack of independence of judges – Periodic penalty payment.#Case C-204/21 R Judgment of the Court (Grand Chamber) of 5 June 2023.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union ‐ Rule of law – Effective legal protection in the fields covered by EU law – Independence of judges – Article 267 TFEU – Possibility of making a reference to the Court for a preliminary ruling – Primacy of EU law – Jurisdiction in relation t SO Warszawa - III C 904/23 Bulgarian SAC upholds lawfulness of criminal record checks for bank legal counsel role Judgment of the Court (First Chamber) of 4 October 2024.#Agentsia po vpisvaniyata v OL.#Request for a preliminary ruling from the Varhoven administrativen sad.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Publication in the commercial register of a company’s constitutive instrument containing personal data – Directive (EU) 2017/1132 – Non-compulsory personal data – Lack of consent of the data subjec VB v Natsionalna agentsia za prihodite +31 more

82(3) 27 Case Law .md

Case Law 27

OLG München - 36 U 1054/25 e VB v Natsionalna agentsia za prihodite SG Nürnberg - S 5 SF 65/24 DS Judgment of the Court (Third Chamber) of 11 April 2024.#GP v juris GmbH.#Request for a preliminary ruling from the Landgericht Saarbrücken.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 82 – Right to compensation for damage caused by data processing that infringes that regulation – Concept of ‘non-material damage’ – Impact of the seriousness of the damage suffered – Liability of the controlle CJEU - C-667/21 - Krankenversicherung Nordrhein Judgment of the Court (Third Chamber) of 21 December 2023.#ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 6(1) – Conditions for lawful processing – Article 9(1) to (3) – Processing of special categories of data – Data concerning heal Judgment of the Court (First Chamber) of 4 October 2024.#Agentsia po vpisvaniyata v OL.#Request for a preliminary ruling from the Varhoven administrativen sad.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Publication in the commercial register of a company’s constitutive instrument containing personal data – Directive (EU) 2017/1132 – Non-compulsory personal data – Lack of consent of the data subjec German Supreme Court: No GDPR basis for debt transmission to credit agency; €500 damages +19 more

82(4) 3 Case Law .md

Case Law 3

CJEU - C‑755/21 P - Kočner v Europol Judgment of the Court (Grand Chamber) of 5 March 2024.#Marián Kočner v European Union Agency for Law Enforcement Cooperation (Europol).#Appeal – Law enforcement cooperation – Regulation (EU) 2016/794 – Article 49(3) and Article 50 – Protection of personal data – Unlawful data processing – Criminal proceedings brought in Slovakia against the appellant – Expert’s report drawn up by the European Union Agency for Law Enforcement Cooperation (Europol) for the purposes of the investigation – Retrieval ¶72 Judgment of the Court (Grand Chamber) of 5 March 2024.#Marián Kočner v European Union Agency for Law Enforcement Cooperation (Europol).#Appeal – Law enforcement cooperation – Regulation (EU) 2016/794 – Article 49(3) and Article 50 – Protection of personal data – Unlawful data processing – Criminal proceedings brought in Slovakia against the appellant – Expert’s report drawn up by the European Union Agency for Law Enforcement Cooperation (Europol) for the purposes of the investigation – Retrieval

82(5) 1 Case Law 1 Guidance .md

Case Law 1

CJEU - C‑755/21 P - Kočner v Europol

Guidance 1

Opinion 22/2024 on certain obligations following from the reliance on processor(s) and sub-processor(s)

82(6) 1 Case Law .md

Case Law 1

OLG München - 36 U 1054/25 e

Related across sources

Enforcement AZOP (Croatia) - Decision 08-03-2022 (energy company) Case Law Bulgarian SAC upholds lawfulness of criminal record checks for bank legal counsel role Case Law CA - EWCA Civ 899 Vince v. Associated Newspapers Limited Case Law CJEU - C-526/24 - Brillen Rottler Literature The Court of Justice on the Excessiveness of Access Requests under the GDPR Case Law Sibiu Tribunal: CNCF denied CCTV access request; court rules on immaterial damage claim