SubscribeOn January 25, 2024 (Case C-687/21), the European Court of Justice ruled in a continuation of its previous data protection case law that a claim for damages based on Art. 82 GDPR does not have a punitive function, but merely a compensatory function. The ECJ thus concludes that a claim for damages always requires the claimant to have suffered concrete damage. A purely hypothetical risk of misuse of data is not sufficient.
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