Apology can be adequate compensation for non-material damage
The CJEU ruled that offering an apology can be adequate compensation for non-material damage caused by a data breach on the basis of Art 82(1) GDPR. This is particularly relevant when it is impossible to restore the situation that existed prior to the occurrence of that damage, as long as this form of redress can fully compensate the data subject for the damage suffered. Although apologies are not explicitly recognized as compensation in all legal systems, this decision could encourage courts to consider apologies when assessing the amount of monetary compensation.
[Latvia Consumer Rights Protection Centre (C-507/23)]
Mazharul Islam,
Corporate Legal Practitioner,
Member of Harvard Business Review Advisory Council.
He can be reached at mazhar@insightez.com
