Unintended Consequences: How Recent Data Protection Rulings Threaten Europe’s Digital Future

Litigation partner Rachel Feldman and associates Alex Fields and Candace Yifru published an article in Reuters analyzing the potential impacts of recent data protection rulings from Germany's Federal Court of Justice in the Junghans case and the European General Court in the Bindl case concerning data subjects' rights to recover compensation based on so-called "loss of control" over their personal data.

As detailed in the article, it is not clear how these rulings fit within the jurisprudence of the Court of Justice of the European Union (CJEU), which has repeatedly affirmed that in order to recover compensation for violations of the General Data Protection Regulation (GDPR), a data subject must demonstrate actual harm resulting from the infringement that goes beyond the infringement itself.

Absent guidance from the CJEU on this issue, these recent rulings could have significant impact across Europe, including straining court systems, increasing legal and financial exposure for businesses and government entities, chilling business and increasing costs for consumers.

Read the full article here.

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