When it comes to infringements of the EU General Data Protection Regulation (GDPR), the first thing that comes to mind are proceedings and fines imposed by the data protection authorities. It is often neglected that GDPR infringements may also trigger claims for damages under Article 82 GDPR. In fact, it is becoming increasingly popular among data subjects to file claims for damages against companies for (alleged) GDPR infringements. Especially where larger numbers of data subjects are affected, such as after a data breach, damage claims can also pose a significant financial risk for companies. Accordingly, German courts have to decide ever more frequently on GDPR-related damage claims. We provide a summary of the most recent case-law by German courts and fields typically associated with a high risk of private enforcement.

Hogan & Lovells prepared an analysis of German court decisions.