The General Data Protection Regulation and Civil Liability

Springer Verlag: Personal Data in Competition, Consumer Protection and IP Law - Towards a Holistic Approach?, Forthcoming

Posted: 26 Jun 2017

See all articles by Emmanuela N. Truli

Emmanuela N. Truli

Athens University for Economics and Business

Multiple version iconThere are 2 versions of this paper

Date Written: October 22, 2016

Abstract

The General Data Protection Regulation shall take effect on May 25, 2018, at which date Directive 95/46/EC will be repealed. The new GDPR has in some ways enhanced the protection of personal data: data subjects have expanded rights and plaintiffs suffering harm for a data breach may file for restitution for their damage on the basis of the more comprehensive and coherent liability provision of Article 82.

Many of the amendments and clarifications of this new provision are coming to:

a) address the significant divergence in the liability rules transposing Article 23 of the Data Protection Directive into national legislation and,

b) complement such rules.

These amendments are, mostly, very welcome: an explicit provision for compensation of moral damage, liability under certain conditions of the processor and joint liability of persons who have jointly caused the damage, right of representation of the data subject by a competent association, etc.

Keywords: General Data Protection Regulation 679/2016/EU, Directive 95/46/EC, data protection, new data protection regulation, damages claims for data protection breaches, right to be forgotten, material damage, moral damage, joint liability, fault

JEL Classification: K13, K23

Suggested Citation

Truli, Emmanuela N., The General Data Protection Regulation and Civil Liability (October 22, 2016). Springer Verlag: Personal Data in Competition, Consumer Protection and IP Law - Towards a Holistic Approach?, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2991182

Emmanuela N. Truli (Contact Author)

Athens University for Economics and Business ( email )

Patission 76
Athens, 10434

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