In a sensational ruling, the Federal Court of Justice (BGH) has significantly lowered the hurdles for victims to claim compensation in the event of a data leak (case reference: VI ZR 10/24 of 18 November 2024). According to this judgement, victims do not have to prove that their data has been misused or that they have suffered in some other way as a result of the data theft, such as being afraid or worried. According to the Sixth Civil Senate, the „mere and temporary loss of control over one's own personal data as a result of a breach of the General Data Protection Regulation“ (GDPR) is sufficient to justify non-material damage. The judges based their decision on the case law of the European Court of Justice on the interpretation of Article 82 (1) GDPR. However, the damages for the loss of data control will not be particularly high. Around 100 euros were mentioned.

This judgement is also important for all those who process personal data in municipal administration. „They must pay meticulous attention to data protection and the provisions of the GDPR, otherwise they risk the administration being confronted with claims for damages,“ says Rechtsanwalt Dr Dominik Lück.

The contact person for all questions relating to data protection and access to information in our practice is Rechtsanwalt Dr Dominik Lück.