• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
easy GDPR - we make compliance with GDPR easy

easyGDPR

We make implementing General Data Protection Regulation Easy

  • Home
  • Services
    • Software
      • easyGDPR Quickcheck
      • (DEP) easyGDPR lite
      • (DEP) easyGDPR Standard
      • Data Subject Requests
      • Sophos
    • IT Security
    • network checkup
    • SME digitization funding
    • Data protection consulting
      • Data protection
      • Cybersecurity
    • Training
      • Data protection
      • Cybersecurity
  • Partner
    • Resellerprogramm
    • Affiliate programm
  • GDPR
    • GDPR News
    • FAQ
    • GDPR Decisions
    • GDPR penalties
    • GDPR legal text
  • Shop
  • Contact
    • Contact
    • Newsletter registration
  • Login
    • Shop / Affiliate Program
    • easyGDPR Software
  • German
  • English

Compensation for non-material damages after data protection breach

21/08/2020 by Martin Schindler

Because of the processing of data on the “party affinity” of thousands of Austrians by Österreichische Post AG (ÖPAG).
a data subject had sued ÖPAG for damages pursuant to Art. 83 DSGVO in the amount of € 2,500 and had the court of first instance award him an amount of
of € 800,- was awarded (Landesgericht Feldkirch, 7.8.2019, AZ: 57 Cg 30/19b).

On appeal by both parties to the dispute, the appeal judgment is now available (Innsbruck Higher Regional Court, 13.2.2020, AZ: 1 R 192/19b). The Court of Appeal followed ÖPAG’s motions and dismissed the action with costs. This judgment is final (the amount in dispute is too low for appeal).

The plaintiff had claimed intangible (not quantifiable in money) and non-material damages from feelings of anger, discomfort and loss of control. The Court of Appeal stated that such a claim for damages under Article 83 GDPR was possible, but that the plaintiff would have had to prove the occurrence of the damage and its amount. The mere fact of a violation of data protection law was not sufficient for this. The infringement must have demonstrably resulted in a “minimum degree of personal impairment” of the aggrieved party that went beyond mere “negative feelings”. However, the plaintiff had neither presented nor proved such an intervention.

Category iconAustria,  GDPR Decisions Tag iconÖPAG

Primary Sidebar

IT-Security Whitepaper Downloaden
  • German
  • English
  • Data Protection Statement
  • Terms and Conditions
  • Imprint
  • Licence terms for easyGDPR
  • GDPR terms
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking "Accept", you consent to the use of ALL the cookies.
SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non Necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.

functionality

Diese Art von Cookies erhöht die Benutzerfreundlichkeit unserer Website. Beispielsweise wird darin die von Ihnen ausgewählte Sprache gespeichert. Auch die Verfügbarkeit von Videostreams und sonstigem Inhalt kann von diesen Cookies abhängig sein. Wenn Sie diese Cookies ablehnen, ist die Benutzerfreundlichkeit eingeschränkt.

Save & Accept