Towards a data-subject-friendly interpretation of Article 82 GDPR

Abstract

Under the General Data Protection Regulation (GDPR), Article 82 is the only instrument to claim compensation resulting from data protection infringements. So far, it has not been interpreted by the Court of Justice of the European Union (CJEU or Court). To date, nine preliminary references on the interpretation of Article 82 have been made by national courts. On 6 October 2022, Advocate General (AG) Sánchez-Bordona delivered his Opinion in one of them – Case C-300/21 Ul v Österreichische Post. Since it will be the first CJEU judgment on this subject, it will have a profound impact on the further development of EU data protection law, in particular, its private enforcement.