DI GIANLUCA NAVONE

 ABSTRACT – Under the banner of the autonomy of uniform European law is the first judgment of the Court of Justice on compensation for non-material damage caused by unlawful data processing pursuant to Article 82 of the GDPR. The study, starting from the analysis of this ‘forerunner’ decision, revolves around a crucial methodological question: how to remedy the lack of completeness of the European legislative formant of regulatory source, without triggering fragmentation kinetics opposed to the goal of standardization? In the margin, two futuristic preliminary questions arise: 

a) whether Article 82 should be interpreted to mean that any violation of the GDPR gives the right to obtain compensation for damage resulting from processing activities, or whether only violations that realize the infringement of the right to personal data protection of the data subject are suitable to activate the compensatory remedy; b) whether a GDPR violation relevant from the perspective of civil liability must be precisely proven or merely alleged by the claimant for damages. 

KEYWORDS – European Liability Law – Legal accountability – Principle of autonomy – Art. 82 GDPR – Data protection law – Non-material damage under GDRP 

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