- Is your data affected by the Facebook leak?
- You were not provided with (complete) information?
- A photo was posted without your consent?
We assert your compensation claims!
Lawyer Peter Weiler
Your contact person
Rechtsanwalt Peter Weiler Fachanwalt für gewerblichen Rechtsschutz
Competent support
- Certified data protection officer (TÜV)
- Specialist lawyer for intellectual property rights
- Advice on data protection
- Competent in the enforcement of claims for damages
How we enforce your claim
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Make a request
Submit a request via our free check. Please describe the background to your case and attach screenshots. We will usually get back to you on the day of the request.
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Free initial consultation
We will check the facts you have submitted. One of our lawyers specializing in data protection will then contact you and discuss the prospects of success and costs with you. This initial consultation is free of charge and non-binding.
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Our offer
Immediately after the initial consultation, you will receive an order by e-mail in which we explain the proposed procedure and confirm the fee discussed in writing.
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Let's get started!
As soon as we have your signed offer, we will start processing it and initiate the necessary steps. We will always keep you transparently informed about the progress of the matter up to the final deletion.
Simply explained
Who is entitled to compensation under the GDPR?
According to the GDPR, anyone whose data protection rights have been violated and who has suffered damage as a result is entitled to compensation. A breach of data protection exists, for example, if personal data is passed on to third parties without authorization, is not deleted in good time or information is not provided. If such a breach of data protection results in damage to a data subject, such as financial loss or damage to reputation, they can assert claims for damages against the controller or processor in accordance with the GDPR. However, it should be noted that not every data protection breach necessarily leads to damage that justifies a claim for damages. The damage must actually have occurred and the breach must have caused it.
What is special about liability under Art. 82 GDPR?
The compensation under Art. 82 GDPR serves to protect consumers from misuse of their data. Severe penalties are intended to deter data processors and motivate them to comply with the GDPR. For this purpose, a so-called reversal of the burden of proof applies in proceedings under Art. 82 GDPR. The data subject only has to present the breach of the GDPR and the damage it has caused in court and not whether the breach was committed intentionally or negligently. This is a considerable relief for data subjects.
For which infringements can supervisory authorities impose fines under Art. 83 GDPR?
The supervisory authorities can impose fines as soon as an obligation under the GDPR has not been complied with. Unlike for compensation under Art. 82, this is also possible without any damage. It usually concerns breaches of documentation obligations because a controller does not keep a register of procedures, has not appointed a data protection officer or has not carried out a necessary data protection impact assessment. Violations of data subject rights or processing principles may even result in a higher fine. A complete list of finable infringements can be found in paragraphs 4 and 5 of Art. 83 GDPR.
What can I claim as compensation?
It is possible to claim both material and immaterial damages. Material damages include loss of sales. Whereas immaterial damages include a possible loss of reputation or control.
What is immaterial compensation?
Since the introduction of the GDPR in May 2018, the German courts have made numerous decisions on claims for damages under Art. 82 GDPR. For a long time, the requirements for non-material claims for damages were controversial. It was unclear whether the mere breach of a GDPR standard constituted damage or whether a materiality threshold had to be reached.
Now the ECJ has clarified the requirements for non-material damages in its judgment of 04.05.2023 (Case C-300/21) (LINK TO JUDGMENT):
- Violation of the GDPR
- Damage without a materiality threshold
- Causality of breach - damage
As a result, non-financial damages such as the anger, loss of trust and loss of control caused by a breach of data protection law can also lead to compensation.
Sending applicant data to the wrong recipient LG Darmstadt, judgment of May 26, 2020, Ref. 13 O 244/19 |
1,000 euros |
Forwarding health data to an ex-spouse AG Pforzheim, judgment of March 25, 2020, Ref. 13 C 160/19 |
4,000 euros |
Publication of a Facebook post without the consent of the data subject ArbG Lübeck, decision of 20.6.2019, Ref. 1 Ca 538/19 |
1,000 euros |
Remaining of the employee profile on the website after leaving the company LAG Cologne, judgment of 14.9.2020, Ref. 2 Sa 358/20 |
300 euros |
Unlawful negative entry with credit reference agency LG Lüneburg, judgment of 14.7.2020, Ref. 9 O 145/19 |
1,000 euros |
Delayed information provided by a company to a former employee ArbG Oldenburg, judgment of February 9, 2023, Ref. 3 Ca 150/21 |
10,000 euros 500 euros per month of the unfulfilled right to information |
Do I absolutely have to sue?
Why Mueller.legal is the best choice
We bundle all the necessary expertise in one law firm and provide you with a holistic solution. Our team not only has the legal knowledge, but also the technical know-how. Thanks to our TÜV certifications and years of experience in providing advice, we have a good overview of what is technically and legally possible. By liaising with your IT team, we ensure that we don't overlook anything and that the solution is right for you.
Our mission: to make data protection simple and effective for everyone involved. We always make sure that we provide you with the package that suits you as cost-effectively as possible. With a Mueller.legal data protection audit, you end up with a data protection system with which you are well equipped and finally no longer have to worry about data protection.
Expertise in data protection law
Lawyer Peter Weiler is your contact person for data protection at our law firm. Mr. Weiler supports you in the context of data protection issues.
