Data protection violations can lead to significant claims for damages under Art. 82 GDPR – even for intangible, non-pecuniary damages. More and more courts are awarding substantial amounts: In one recent case, a hospital was awarded €8,000. Legal expenses insurance often covers these costs – it is important that the coverage confirmation is obtained from a specialized lawyer. Our employment law firm is available to assist you nationwide.
What awaits you:
What happened?
An HIV-positive patient was hired as an employee by the clinic after treatment. The clinic made a serious mistake: The new employee's sensitive health data was not adequately protected. For several weeks, various clinic employees had access to the so-called "patient cover sheet," which, among other things, included the diagnosis "HIV"—albeit in a difficult-to-read format.
Even if only the name, address, health insurance provider, and the three-letter abbreviation "HIV" were visible, this sensitive data set should have been blocked. The clinic downplayed the incident, pointing out that only a few people had access and that they were sworn to confidentiality. But that doesn't change the fact: an employee's HIV diagnosis is not intended for colleagues to know. Even in the medical field, the right to informational self-determination applies without restriction – especially with highly stigmatizing diagnoses like HIV.
The disclosure had consequences: The behavior of colleagues changed noticeably, underscoring the severity of the data protection violation. The €8,000 compensation awarded under Art. 82 GDPR could have been even higher under certain circumstances – for example, if additional health data had been affected.
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In the event of data protection violations in the workplace, we provide expert support in enforcing your claims – including compensation. Rely on our experience in employment law and let us work together to protect your sensitive data.
Groundbreaking ruling in data protection law: €8,000 in damages awarded
For a long time, German courts were reluctant to award compensation for non-pecuniary damages caused by data protection violations. Such cases were often considered trivial, and only in exceptional cases were a claim for compensation recognized. However, this restrictive stance contradicts the clear intention of the EU legislature.
The Federal Constitutional Court already made it unequivocally clear in its ruling of January 14, 2021 (case no. 1 BvR 28531/19): Courts may not categorically reject claims under Art. 82 GDPR on the grounds of allegedly unprovable damage. Even abstract, non-material damage can lead to a claim for compensation for pain and suffering – serious damage is not required.
The ruling, in which a victim was awarded €8,000, is among the highest amounts of compensation for a data protection violation in Germany to date. It marks an important turning point in the handling of violations of personal rights caused by the improper handling of sensitive data.
Article 82 (1) of the GDPR requires compensation for violations of data protection regulations – regardless of whether the damage is material or immaterial. Since the GDPR came into force on May 25, 2018, data protection has thus acquired a new, legally enforceable protective function.
Has your data protection been violated? We enforce your rights.
Whether you need compensation, revocation, deletion, or blocking of your data: Our experienced employment law attorneys are at your side – with commitment and legal expertise.
Conclusion: Do not ignore compensation for data protection violations
Anyone affected by a data protection breach should not only insist on the correction or deletion of their data, but also consider possible claims for compensation. According to Art. 82 GDPR, even non-material damages are eligible for compensation.
Legal expenses insurance often covers the costs incurred – provided the insurance coverage was already in place at the time of the violation and the waiting period has expired. To increase the chances of success in obtaining reimbursement, the coverage request should be submitted through an experienced law firm.
Our law firm, which specializes in labor law, supports you nationwide in enforcing your claims—from blocking or deleting your data to claiming compensation for pain and suffering.
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