{"id":18863,"date":"2024-03-15T12:45:39","date_gmt":"2024-03-15T11:45:39","guid":{"rendered":"https:\/\/www.rosello-mallol.com\/?p=18863"},"modified":"2024-04-13T07:37:16","modified_gmt":"2024-04-13T06:37:16","slug":"compensation-for-moral-damages","status":"publish","type":"post","link":"https:\/\/www.rosello-mallol.com\/en\/compensation-for-moral-damages\/","title":{"rendered":"Compensation for moral damages: Art. 82 GDPR"},"content":{"rendered":"\n
Requesting compensation due to a breach of the data protection regulation is absolutely possible<\/strong>, as indicated in Art. 82 of the GDPR. In fact, citizens are becoming increasingly aware of this right and are requesting it more frequently, at least with regards to enquiries made to the firm.<\/p>\n\n\n\n There\u2019s a big difference. Compensation <\/strong>consists of requesting a restitution due to a breach of the data protection regulation that may have a financial or moral effect on someone. It is requested through the ordinary courts and, logically, can only be requested by the party affected by the breach.<\/p>\n\n\n\n The purpose of reporting <\/strong>to the AEPD, however, is to indicate that a company or enterprise has breached the GDPR and results in the imposing of a fine or, where appropriate, a warning. Unlike compensation, in this case the amount of the penalty (if financial) is paid to the Government authorities. Another significant difference is that it does not have to be the party affected that files proceedings Examples <\/strong>of a breach of the GDPR that do not necessarily involve direct damages Art. 82 of the GDPR is clear in so much as compensation can be requested from \u201ccontrollers or processors<\/strong>\u201c. Therefore, the claim can be made to any enterprise or company involved in data processing.<\/p>\n\n\n\nWhat is the difference between requesting compensation and reporting to the Spanish Data Protection Agency (AEPD)?<\/h2>\n\n\n\n
with the AEPD or with an independent data protection authority.<\/p>\n\n\n\n
may include not having a Record of Processing Activitie<\/strong><\/a>s<\/strong><\/a>, which is undoubtedly an
obligation of the GDPR but would not often cause actual damages to those
affected.<\/p>\n\n\n\nFrom whom and when can data protection compensation be claimed?<\/h2>\n\n\n\n