An update on compensation claims under the EU GDPR

CJEU Advocate General: No compensation for mere upset feelings. By Lore Leitner, Arjun Dhar, Josephine Jay and Miles Lynn of Goodwin.

The EU General Data Protection Regulation (GDPR), under Art. 82, provides the right for any person who has suffered material or non-material damage as a result of a GDPR infringement to receive compensation. However, what constitutes “non-material damage” and the associated level of damages to be awarded has long been a contentious topic in European jurisprudence.

On 6 October 2022, Advocate-General Campos Sánchez-Bordona delivered his Opinion(1) on the issue of non-material damage in UI v Österreichische Post AG — a case referred(2) to the Court of Justice of the European Union (CJEU) by the Supreme Court of Austria. The Austrian court put forward three questions, which we paraphrase below:

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