Damages under the GDPR: money for data protection violations

Anyone who suffers damage from a violation of the GDPR can claim damages, not only for financial disadvantages but also for non-material damage such as loss of control over one's own data or annoyance and worry after a data leak.

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Your chances of getting your money back

With a violation of the GDPR that causes you material or non-material damage, you are entitled to damages (Art. 82 DSGVO). Loss of control over personal data can also be a recoverable damage.

The requirements are a violation, a concrete damage, and a connection between the two. A mere violation without a noticeable consequence is not always enough according to case law, describe your concrete impairment.

What you should do now

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1. Name the violation
Clarify what the violation consists of (e.g. unauthorized passing on, data leak, processing without a legal basis).
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2. Set out the damage
Describe your damage concretely, such as financial disadvantages, identity misuse, loss of control, worry, and annoyance.
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3. Assert the claim
Call on the responsible company in writing to pay and set a deadline.
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4. Escalate
If it refuses, you can complain to the data protection authority and, if necessary, enforce the claim in court.

How to spot the scam

A data leak is played down instead of informing those affected.
Data was passed on to third parties without your consent.
The company does not respond to complaints at all.

Frequently asked questions

When do I get GDPR damages?

When a violation of the GDPR has caused you material or non-material damage (Art. 82 DSGVO). There must be a violation, a concrete damage, and a connection. The damage can also be non-material.

Does annoyance or worry also count as damage?

A non-material damage such as loss of control over one's own data or justified worry after a data leak can be recoverable. But a wholly mere violation without a noticeable consequence is not always enough according to case law, describe the concrete impairment.

How high is the damages award?

That depends on the individual case, on the nature and severity of the violation and the impairment. There are no flat amounts. For larger incidents or an unclear situation, legal advice is worthwhile.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.