Der immaterielle Schadensersatz bei Datenschutzverstößen

The claim for non-material damages under Article 82(1) of the GDPR is the crucial lever for private enforcement of data protection law. It is still highly controversial when non-material damage actually exists and in what amount the injuring party has to pay compensation. In order to answer this question, the author interprets "non-material damage" using the methods of interpretation of European Union law. She also examines how the right to compensation can be enforced collectively. Finally, the author assesses from a legal policy perspective whether the claim for damages fits into the European Union's overall approach to economic activities involving personal data.