Lars Lensdorf, Robert Henrici, Moritz Hüsch, and Nicholas Shepherd of Covington & Burling write:
Until now, damages claims awarded by German courts pursuant to Article 82 of the General Data Protection Regulation (“GDPR”) – in particular, claims for non-material damages – have been relatively low. This restrained approach thus far has been predicated primarily on the position that German law requires a serious violation of personality rights to justify higher claims for non-material damages. Two recent cases decided by regional courts illustrate and confirm this prevailing stance. However, a more recent decision issued by the Federal Constitutional Court indicates that views in Germany may be evolving on this topic, and courts may soon be willing to entertain higher damages claims.
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