GDPR COMPENSATION

Note: This is not legal advice and should not be acted upon without speaking to a lawyer.

 

The Data Protection Commission confirms you are entitled to compensation for any breach of GDPR: 

 

Article 82 of the GDPR allows for any person who has suffered material or non-material damage as a result of an infringement of the GDPR, the right to receive compensation from the controller or processor for the damage suffered. 

 

Under the Data Protection Act 2018, if an individual believes his or her rights under the GDPR have been infringed as a result of an organisation’s failure to comply with its obligations under the GDPR, they may bring an action against the organisation. This is known as a ‘data protection action’.

 

In any data protection action, the court has the power to grant compensation for damage (including material and/or non-material damage) suffered as a result of a breach of data protection law.

 

Material damage generally means damage for some form of physical loss that can be calculated by a court. In data protection actions (i.e. for breach of GDPR) you would have to show there was some form of physical or economic loss, e.g. a reduction in your credit rating, you were refused a loan, loss of credit, loss of money, unauthorized use of your credit card, etc.

 

Non-material damage generally refers to non-physical loss or damage that cannot usually be easily calculated by a court, e.g. general annoyance, anger, frustration, upset, etc. (below that of a recognised psychiatric injury or 'personal injury'). In data protection actions (i.e. for breach of GDPR) non-material damage may refer to general annoyance, frustration, upset, etc. you might have experienced as a result of the data breach. As such, you may be entitled to compensation for general annoyance, frustration, upset, etc as a result of any data breach..

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If you have suffered a data breach, and you got an email or letter to confirm it, feel free to make contact, by either emailing info@argentlaw.ie or filling out the contact form below, with no obligation to take a case.

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