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Recent EU Rulings Redefine Compensation for GDPR Violations

Recent court decisions in Germany and at the European General Court are challenging the traditional interpretation of GDPR compensation. Historically, under Art. 82 GDPR, data subjects could only claim damages if they proved actual harm resulting from a GDPR violation.

However, recent cases—like Junghans v. Meta and Bindl v. European Commission—suggest that a mere loss of control over personal data or uncertainty about its processing can now qualify as non-material damages, even without demonstrable harm.

These rulings raise questions about the future of data protection in Europe, as courts weigh the sensitivity, scope, and duration of lost data control when awarding compensation. Critics warn this could increase legal uncertainty and impact both companies and users across the EU.

 

 

 


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