Compensation for damages in the event of a data protection breach

Data protection breach, from when this exists

The person who suffers material or immaterial damage is entitled to compensation in the event of a data protection breach. The responsible party must pay for the damage if there has been a breach of the GDPR, if a person has suffered material/immaterial damage or if fault on the part of the responsible party can be proven.

Proof by the responsible person

In the event of a data breach, the responsible party must confirm that it is or is not responsible for the loss of the data and the circumstance.

A violation occurs when there has been intentional or negligent conduct.

In view of the new data protection regulations, it will not be easy for the responsible parties to provide the relevant evidence.

Example of a violation

The mere sending of an e-mail in which all recipients are visible is a violation of data protection law. This can happen quickly, for example, when newsletters make the rounds.