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The Court of Justice and Compensation for Non-Material Damage in Case of Infringement of the GDPR Cover

The Court of Justice and Compensation for Non-Material Damage in Case of Infringement of the GDPR

Open Access
|Oct 2025

Abstract

Slowly but surely, the area regulated by European Union law has become accustomed to the protection of personal data materialized in the GDPR Regulation, which has already celebrated its seventh birthday this year. Although it can already be stated that the fundamental questions and mechanisms for the functioning of this in many ways revolutionary and massive legal regulation have now been resolved or set, there are still areas that are in many ways unclear and await interpretation. One such area was compensation for non-material damage in case of infringement of the Regulation, which, in connection with the protection of personal data, was only brought to light by the GDPR. It is this institute that is the subject of this article, which will present the historical development of the institute, its theoretical foundations and, in particular, the case law of the Court of Justice, which in recent years has begun to interpret this institute and thus give it a realistic and practical picture.

DOI: https://doi.org/10.2478/danb-2025-0012 | Journal eISSN: 1804-8285 | Journal ISSN: 1804-6746
Language: English
Page range: 240 - 263
Published on: Oct 10, 2025
Published by: European Association Comenius - EACO
In partnership with: Paradigm Publishing Services
Publication frequency: 4 times per year

© 2025 Michael Kohajda, Šimon Otta, published by European Association Comenius - EACO
This work is licensed under the Creative Commons Attribution 4.0 License.