GDPR Damages Tracker

The number of new court proceedings and judgments on compensation for non‑material damage in data protection law continues to rise and the risk of companies facing civil claims from data subjects after data protection breaches is higher than ever. Businesses are increasingly confronted with claims for compensation for non‑material damage under Article 82 GDPR. Claimants frequently rely on alleged breaches of processing security that have led, for example, to cyberattacks, although in principle any infringement of the GDPR can serve as a basis for such claims.

In the early years after the GDPR entered into force, unresolved legal questions and the traditionally restrictive approach of German courts to non‑material damage meant that damages claims for data protection breaches were rarely successful. Since then, the European Court of Justice and the German Federal Constitutional Court have closed off a number of lines of argument that previously made it easy for courts to reject such claims. As a result, increasingly claimant‑friendly case law is emerging in Germany and rulings awarding in some instances substantial sums in damages are encouraging more and more individuals to assert claims following data protection incidents. At the same time, companies still have many strong arguments with which to defend themselves.

In light of these developments, it is becoming ever more important for companies to address the challenges, opportunities and risks of data protection litigation at an early stage and in a strategic manner. With our well-coordinated teams of market-recognised experts, we will assist you in all aspects of data protection litigation. Our Noerr GDPR Damages Tracker offers a clear overview of the latest German case law on non-material damage under Article 82 GDPR:

If you are aware of any further judgments that have not been included in our overview, we would be grateful if you would let us know by dropping us a line at damagestracker@noerr.com.