Rina Steenkamp - Privacy and technology
Chapter VIII Remedies, liability and sanctions
1. Any person who has suffered damage, including non-pecuniary damage, as a result of an unlawful processing operation or of an action incompatible with this Regulation shall have the right to claim compensation from the controller or the processor for the damage suffered.
2. Where more than one controller or processor is involved in the processing, each of those controllers or processors shall be jointly and severally liable for the entire amount of the damage, unless they have an appropriate written agreement determining the responsibilities pursuant to Article 24.
3. The controller or the processor may be exempted from this liability, in whole or in part, if the controller or the processor proves that they are not responsible for the event giving rise to the damage.
[Source: October 2013]
(118) Any damage, whether pecuniary or not, which a person may suffer as a result of unlawful processing should be compensated by the controller or processor, who may be exempted from liability only if they prove that they are not responsible for the damage, in particular where he establishes fault on the part of the data subject or in case of force majeure.
[Source: October 2013 | Notes: Recitals | Context: Recitals]
Article 77 sets out the right to compensation and liability. It builds on Article 23 of Directive 95/46/EC, extends this right to damages caused by processors and clarifies the liability of joint controllers and joint processors.
[Source: January 2012 | Context: Proposal from the European Commission]
1. Any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with this Regulation shall have the right to receive compensation from the controller or the processor for the damage suffered.
2. Where more than one controller or processor is involved in the processing, each controller or processor shall be jointly and severally liable for the entire amount of the damage.
3. The controller or the processor may be exempted from this liability, in whole or in part, if the controller or the processor proves that they are not responsible for the event giving rise to the damage.
[Source: January 2012 | Context: Proposal from the European Commission]
(118) Any damage which a person may suffer as a result of unlawful processing should be compensated by the controller or processor, who may be exempted from liability if they prove that they are not responsible for the damage, in particular where he establishes fault on the part of the data subject or in case of force majeure.
[Source: January 2012 | Notes: Recitals | Context: Proposal from the European Commission, Recitals]
| General Data Protection Regulation: | Directive 95/46/EC: |
|---|---|
| Article 77(1) | Article 23(1) |
| Article 77(3) | Article 23(2) |
1. Member States shall provide that any person who has suffered damage as a result of an unlawful processing operation or of any act incompatible with the national provisions adopted pursuant to this Directive is entitled to receive compensation from the controller for the damage suffered.
2. The controller may be exempted from this liability, in whole or in part, if he proves that he is not responsible for the event giving rise to the damage.