CJEU - C-667/21 - Krankenversicherung Nordrhein
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The CJEU decided that non-material damages under Article 82 GDPR are limited to moneteray compensation, presuppose causation from the controller and do not take into account the fault of the controller when calculating the amount of compensation awarded for a non-material damage. The CJEU decided that non-material damages under Article 82 GDPR fulfil a compensatory function, presuppose causation from the controller and do not take into account the fault of the controller when calculating the amount of compensation awarded for a non-material damage. English Summary. English Summary On the topic of non-material damagesOn the topic of non-material damages On the fourth question, Article 82(1) GDPR has a compensatory instead of deterrant or penalising function. Compensation is limited to monetary compensation and should fully compensate the damage suffered caused by the infraction of the GDPR. The Court reffered to the established case law that compensation can only be required based on Ar