Non-material damages

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UK: Scottish courts reaffirm threshold for GDPR damages claims

By James McGachie on October 6, 2026

Posted in Class actions, Compensation, Data security and breaches, General Data Protection Regulation, Privacy Law, UK, UK GDPR

The UK GDPR establishes a robust framework for the protection of personal data, requiring organisations to give due regard to individuals’ data protection rights. Importantly, it recognises that the consequences of a data breach may extend beyond financial loss. Article 82 UK GDPR, supplemented by section 168 of the Data Protection Act 2018, provides a…

Germany: Further Judgment on Non-Material Damages for Loss of Control over Personal Data

By Verena Grentzenberg & Philipp Adelberg on August 28, 2025

Posted in General Data Protection Regulation, Privacy Law

In its judgment of May 13, 2025 (case number VI ZR 186/22), the German Federal Court of Justice (Bundesgerichtshof – “BGH”) continued its case law on the compensability of non-material damages under Article 82 GDPR, in particular with regard to whether the mere loss of control over personal data was sufficient for a…