Assessing Non-material Damages under the GDPR: A Review of The Recent Judicial Practice of Germany, UK, and the Netherlands

With the digitalisation of technologies, the issue of the valuation of non-material damages that has long been debated among the courts and scholars is taken more seriously. Although according to the General Data Protection Regulation (GDPR) and its recitals, data controllers are liable for such damages. However, there is inconsistency regarding the interpretation of this instrument, in terms of the scope of damages as well as their assessment. Frustratingly, still, there is no unique rule of compensation laid out for the measurement of non-material damages. Hence, an analysis of the judicial... Mehr ...