The CJEU ruling may have an impact on proceedings for damages for violation of GDPR

In the opinion of the President of the Personal Data Protection Office, Mirosław Wróblewski judgment of the Court of Justice of the European Union of 20 June 2024 in case ref. no., C-590/22 PS concerning non-material damage claims may be relevant for the application of the provisions in court proceedings for awarding compensation for a personal data breach.

The referring court has referred questions to the CJEU for a preliminary ruling concerning, inter alia, whether it is necessary, in order for a claim for compensation for non-material damage to arise, for the damage suffered by the injured party to have a certain gravity (the so-called de minimis threshold). In its judgment, the Court also ruled on whether the amount of compensation for an infringement of GDPR can be set in such a way as to simultaneously fulfil a ‘deterrent’ function for data controllers.

The detailed content of the CJEU’s questions and clarifications can be found in the file attached below (in Polish).

DOL.0623.24.2022