Pregledni rad
https://doi.org/10.30925/zpfsr.46.1.5
Recent Case-Law of the Court of Justice of the European Union on Liability for Damages Due to Violation of the Right to Protection of Personal Data
Maja Bukovac Puvača
orcid.org/0000-0003-3266-2108
; Sveučilište u Rijeci, Pravni fakultet
*
Armando Demark
orcid.org/0000-0001-9986-2169
; Sveučilište u Rijeci, Pravni fakultet
* Dopisni autor.
Sažetak
This paper presents the most recent decisions of the Court of Justice of the European Union on the interpretation of specific terms in Article 82 of the General Data Protection Regulation, which provides for liability for damages. The direct application of the Regulation before the Member States’ courts raises numerous questions about the compatibility of national law provisions with those of the Regulation. This includes issues related to non-material damage and the determination of its amount, the nature and conditions of liability for damage and the burden of proof in compensation proceedings for such damage. In the previous year, the Court’s interpretations have improved the private enforcement system of the Regulation to a certain extent, but many questions remain unanswered. Among them, those that stand out are certainly the ones resulting from the fact that the concept of nonmaterial damage is autonomous and must have a uniform interpretation throughout the European Union. Since the Regulation neither prescribes criteria for determining the amount of compensation for such damage nor it provides guidance to national legislators and courts in this regard, it is uncertain to what extent its objectives can be achieved with the current regulation.
Ključne riječi
liability for damage; non-material damage; protection of personal data; principle of procedural autonomy; identity theft
Hrčak ID:
330027
URI
Datum izdavanja:
15.4.2025.
Posjeta: 0 *