Implications of CJEU Ruling on Compensation for GDPR Claims

E.U. privacy attorneys and activists received some much-awaited clarification last month when the European Court of Justice (CJEU) ruled that not every infringement of the GDPR is eligible for financial compensation. The CJEU additionally declared that a “certain degree of seriousness” must be achieved to qualify for non-material damages and that domestic rules of E.U. Member States should ultimately inform the amount of compensation awarded, if any. This article offers insights on the implications of the decision and compliance advice from attorneys at Cordery, Wiggin and McDermott, Will & Emery, who found the ruling to be largely measured and equitable to those on both sides of privacy complaints. See “Compliance Takeaways From the Latest GDPR Enforcement Statistics” (Feb. 2, 2022).

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