Verfassungsblog (Oct 2022)

Towards a data-subject-friendly interpretation of Article 82 GDPR

  • Dominik Dworniczak,
  • Hubert Bekisz

Journal volume & issue
no. 2366-7044

Abstract

Read online

Under the GDPR, Article 82 is the only instrument to claim compensation resulting from data protection infringements. So far, it has not been interpreted by the CJEU. To date, nine preliminary references on the interpretation of Article 82 have been made by national courts. On 6 October 2022, Advocate General Sánchez-Bordona delivered his Opinion in one of them. Since it will be the first CJEU judgment on this subject, it will have a profound impact on the further development of EU data protection law, in particular, its private enforcement.

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