A velünk élő nem vagyoni kártérítés. A erkölcsi sérelmek kompenzálásának gyakorlata a GDPR 82. cikke szerint és a jogintézmény összehasonlítása a sérelemdíjjal
Non-pecuniary damages under the GDPR. The practice of compensating for non-pecuniary damage under Article 82 of the GDPR and a comparison with the Hungarian compensation regime

Summary/Abstract: The General Data Protection Regulation foresees compensation for non-material damage suffered by data subjects. This study examines the relevant EU case law and the related case law of Member States. In recent years, the Court of Justice of the European Union has issued a number of decisions, thus clarifying the main issues related to this legal institution in the form of preliminary rulings. The willingness to enforce the law is significantly higher in Germany than in other countries, with most cases relating to the loss of control over personal data in social media, credit ratings, or job searches. It is also clear that the regulation-based non-pecuniary damages differ from compensation under Hungarian civil law in several respects. The function of compensation for pain and suffering as a private law penalty does not appear in EU law, while the treatment and compensation of minor damages is less problematic in the framework of the regulation. As a matter of fact, case law based on EU law tends to award rather small amounts. It appears that different national laws apply different solutions to moral damages in relation to parallel claims based on EU and national rules. While in Hungary, this has not been clearly ruled out by the Supreme Court, in Austria, the individual legal consequences are in a general-specific relationship.

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