Merely violating the General Data Protection Regulation (GDPR / GSGVO) is not sufficient to establish a claim for non-material damage compensation under Article 82(1) of the GDPR. According to the ECJ (EuGHs), there must be an actual harm suffered by the affected individual, and there must be a causal connection between the unlawful processing of data and the harm. Non-material damage compensation does not depend on the extent of the harm reaching a certain threshold of significance. However, an affected individual must demonstrate that the GDPR violation had negative consequences for them, and that these consequences constitute non-material damage as defined by Article 82(1) of the GDPR. Determining when non-material damage exists remains the responsibility of national courts.
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