Compensation for non-material damage Summary Our remarks A person filed multiple requests under the Freedom • According to GDPR, Article 82(1) (right to material of Information Act and data protection law, after their or non-material damage), a data subject has the personal data was shared on an online forum without right to receive compensation if they have suffered their consent. material or non-material damage as a result of a GDPR violation. The individual claimed non-material damages resulting from the loss of control over their personal • Non-material damage in GDPR encompasses harm data and delays in receiving information about the that is not monetary, including emotional distress forum messages. However, the State Council rejected or reputational harm caused by a violation of their the claim, stating that a GDPR violation does not data protection rights. automatically warrant compensation for damages, and that the individual must demonstrate real and certain • It is important to note that mere discomfort or harm, which they failed to do in this case. inconvenience resulting from a breach of the GDPR is not sufficient to warrant compensation. The The State Council’s decision damage caused must be real and certain. The data subject must prove that they have suffered actual The State Council rejected the claim for damages. and provable harm as a result of a specific breach of the GDPR. Published: 15-12-2020, Journal number: N/A Tags: 01 Legal basis and principles of processing Published: 01-04-2020, Journal number: 201902699/1/A 2 Tags: 08 Compensation for non-material damages 33