ECJ EU: breach of GDPR does not in itself constitute damages
Background: damages under the AVG Article 82 of the AVG provides that any person who has suffered material or immaterial damage as a result of a breach of the AVG is entitled to damages. In legal practice, the application of this provision has been frequently discussed since the introduction of the AVG. Key questions in that discussion are often i) whether the mere breach of the AVG already makes a data subject entitled to damages and ii) whether there is a uniform concept of damages in Europe or whether the assessment of damages is up to the national legal order.