The Court of Justice of the European Union (“CJEU”) issued a judgment on the 9th of February 2023 (docket no. C-453/21), which addresses the question of the dismissal of a Data Protection Officer (“DPO”) and the interpretation of Article 38 of the EU GDPR.…
Continue Reading CJEU rules on DPO conflicts of interest under the GDPR
On 6 October 2022, the Advocate General (Campos Sánchez-Bordona) issued his opinion in UI v Österreichische Post AG on the interpretation of the rules on civil liability under the GDPR .
He concluded that a data subject must have suffered harm in order to claim compensation, and that breach of the GDPR alone was not sufficient. There is also a distinction to be drawn between mere upset (which does not give rise to a right for compensation) and non-material damage (which does).…
Continue Reading ‘Mere upset’ insufficient for compensation under the GDPR
