OLG Dresden - 4 U 760/19
|OLG Dresden - 4 U 760/19|
|Court:||OLG Dresden (Germany)|
|Relevant Law:||Article 82(1) GDPR|
|National Case Number/Name:||4 U 760/19|
|European Case Law Identifier:|
|Appeal from:||LG Görlitz (Germany)|
|Original Source:||Search here, using the case number (in German)|
According to the Higher Regional Court of Dresden (Resolution of June 11, 2019), "minor damages" do not give rise to any claim for non-material damages under Article 82 GDPR.
English Summary[edit | edit source]
Facts[edit | edit source]
In that case, the Claimant brought an action against the deletion of a video from the 1970s that he shared in a social network where the word "negro" appeared several times. He also complained about having his account limited to "read only" mode for a few days (the exact duration is disputed between the parties).
Holding[edit | edit source]
With regard to Article 99(2) GDPR, the Court already expressed doubts as to whether Article 82 GDPR is applicable to the deletion/blocking that took place in March/April 2018, as this regarded a past and completed situation.
In any event, the Claimant did not suffer any non-material damages pursuant to Artcile 82(1) GDPR. Not every perceived discomfort without serious impairment of an individual's self-image or reputation may constitute such damage. Recital 146 to the GDPR, referring to "full and effective compensation", does not alter this finding. Otherwise, an almost "unconditional" right to non-material compensation would arise under data protection law.
Comment[edit | edit source]
The concept of "minor damages" seems to be specific to Germany. There is no basis for such a concept in GDPR. The German literature and judiciary still follows this national concept, which seems to violate GDPR.
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English Machine Translation of the Decision[edit | edit source]
The decision below is a machine translation of the original. Please refer to the German original for more details.