European Court of Justice Clarifies Rules on Damages Compensation for GDPR Breaches

On 4 May 2023, the Court of Justice of the European Union delivered its decision in the Österreichische Post case, in essence deciding that a mere infringement of the General Data Protection Regulation does not automatically lead to compensation for damages; compensation for nonmaterial damage does not need to meet a minimum threshold of seriousness; and it is up to the national courts to assess the amount of damages.