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Civil Liability for Processing of Personal Data in the GDPR

A. Menezes Cordeiro — European Data Protection Law Review

A. Menezes Cordeiro — European Data Protection Law Review

European Data Protection Law Review
DOI
Liability Controllers Processing Agreement Personal Data Processing Types of Special Categories of Personal Data
Jan 1, 2019 Source

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Enforcement Midlands Regional Hospital Tullamore, County Offaly: Insufficient technical and organisational measures to ensure information security Data Protection Authority of Ireland Case Law SG Nürnberg - S 5 SF 65/24 DS Social Court Nuremberg Guidance Opinion 07/2025 regarding the European Commission Draft Implementing Decision pursuant to Regulation (EU) 2016/679 on the adequate protection of personal data by the European Patent Organisation EDPB Guidance Guidelines 05/2022 on the use of facial recognition technology in the area of law enforcement EDPB Guidance Guidelines 01/2022 on data subject rights - Right of access EDPB Guidance Guidelines 07/2022 on certification as a tool for transfers EDPB

Full text

In this paper we intend to analyse all the component paragraphs of Article 82 GDPR. The first part will be devoted to exploring the three elements of civil liability: unlawfulness, damages and causal link. The second, to the persons who can make use of this mechanism and against whom it can be invoked. And lastly, in the third part, we will address some more specific issues, in particular joint and several liability and the right of recourse. A practical standpoint is adopted, focused on problems that application of the article may raise: (i) the types of acts and omissions that permit actions to be brought to enforce liability; (ii) the types of damages which are compensable; (iii) which subjects can bring actions of this kind; and (iv) the differences between the rules established for controllers and processors. Keywords: GDPR, Civil Liability, Right to Compensation

Original document at the source doi.org
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