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Data Protection Leader
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Volume: 14 Issue: 11
(January 2012)

eu data reform gdpr damages compensation enforcement litigation data subject

anna aurora wennakoski


EU: Compensating damages under the GDPR

In addition to the possibility for the imposition of hefty fines, a fact which has often been put forth as important when examining the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’), the GDPR aims to secure ‘full and effective compensation’ for data subjects for damage suffered as a result of processing that infringes upon the GDPR or other delegated acts. There is also a panoply of other means or tools available to supervisory authorities, in terms of sanctions including the issuance of orders and warnings, the imposition of temporary or definitive limitations on processing and the suspension of data flows. These can also cause wider business disruptions and can be challenging to quantify with exactitude. Reputational, brand and image costs can also be significant, in particular in light of the modern media age, which all make it challenging to quantify the aggregate damage. In this article, Anna Aurora Wennakoski, PhD student in data protection and privacy law and the recipient of the International Association of Privacy Professionals’ Global Privacy Scholarship, examines some of the pertinent open issues in relation to the compensation of damages.

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