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Case Law · Court of Justice of the European Union EN LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this document. Contains: this document’s text, its sections with their topics, and the full text of every law provision it applies. Everything links back to its source on overview.legal — legal information, not advice.

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Judgment

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In the third place, the Court has previously held that the fear experienced by a data subject that his or her personal data will be misused in the future as a result of an infringement of the GDPR, is capable, in itself, of constituting ‘non-material damage’, within the meaning of Article 82(1) thereof, provided that that fear, with its negative consequences, is duly proven, which is a matter for the national court hearing the case to determine (see, to that effect, judgments of 20 June 2024, PS (Incorrect address), C‑590/22, EU:C:2024:536, paragraphs 32, 35 and 36, and of 4 October 2024, Agentsia po vpisvaniyata, C‑200/23, EU:C:2024:827, paragraphs 143, 144 and 155 and the case-law cited).

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