Der Standard: “Is compensation due in the event of a data breach?”
The General Data Protection Regulation (GDPR) and the National Data Protection Act (DPA) enable individuals affected by data protection violations to assert claims for damages against responsible parties. However, the question of what constitutes or can constitute non-material damage in the event of a breach of data protection law is open to debate. In this regard, the ECJ must now decide how far the claims of affected persons can go in the case of emotional harm.
In their guest article for Der Standard, MMag. Marco Riegler, partner at ScherbaumSeebacher Attorneys at Law, and Mag. Thomas Schwab, associate at ScherbaumSeebacher, explain the enforceability of damages in the event of a data protection violation and report on other exciting aspects of this topic.
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