On May 5th, Gianclaudio Malgieri was interviewed by Théophane Hartmann on EURACTIV about the CJEU ruling on the case C‑300/21, UI v Österreichische Post AG. The article is available at this link.
The Court clarified that a ‘mere infringement’ of the European data protection rules is not enough to claim compensation but came short of defining the threshold of what compensation should be given and when.
Malgieri defined the decision as “extremely prudent”. More cases are likely to reach the ECJ then, he said, due to the sheer complexity of defining what non-material damage amounts to. “How should we quantify an emotional distress resulting from the breach of a fundamental right?” Malgieri questioned, suggesting referring to ‘population surveys’ to get a better sense of citizens” comprehension of emotional distress.
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