Non-material damages: Facebook loses at the BGH in data protection violation case

Temporary loss of control is sufficient to assert a claim for damages

According to the BGH’s ruling, a mere and temporary loss of control by the user over their own personal data is sufficient for asserting a claim for damages within the meaning of Art. 82 GDPR. It is therefore not necessary for the data to have been misused to the data subject’s detriment, nor are any other additional noticeable negative consequences required.

With regard to the amount of damages, however, the court considers a claim of only EUR 100 to be appropriate, taking into account the “mere loss of control”. 

ECJ stance: No need to exceed a materiality threshold

Overall, the BGH’s decision is in line with the ECJ, which most recently stated in particular that the assertion of a claim under Art. 82 GDPR does not require a materiality threshold to be exceeded (ECJ, judgment of December 14, 2023 – C 456/22), but at the same time the claim serves exclusively to compensate for the damage suffered and not for gratification or punitive purposes (ECJ, judgment of June 20, 2024 - C-182/22 and C-189/22).

Even if a claim for damages in the event of a pure loss of control is only likely to be small in individual cases, such amounts can add up for a large number of affected parties. Data protection compliance pays off! Companies should always check their handling of personal data and ensure that it complies with the applicable legal regulations.

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