GDPR Compliance Guide

GDPR Articles

GDPR Compliance Guide
Recitals
Articles
Chapter 1
General Provisions (Art. 1 – 4)
Chapter 2
Principles (Art. 5 – 11)
Chapter 3
Rights of the data subject (Art. 12 – 23)
Chapter 4
Controller and processor (Art. 24 – 43)
Chapter 5
Transfers of personal data to third countries or international organizations (Art. 44 – 50)
Chapter 6
Independent supervisory authorities (Art. 51 – 59)
Chapter 7
Cooperation and consistency (Art. 60 – 76)
Chapter 8
Remedies, liability and penalties (Art. 77 – 84)
Chapter 9
Provisions relating to specific processing situations (Art. 85 – 91)
Chapter 10
Delegated acts and implementing acts (Art. 92 – 93)
Chapter 11
Final provisions (Art. 94 – 99)

Chapter 8   >   Article 82

Article 82: Right to compensation and liability

  1. Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.

  2. Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller.

  3. A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage.

  4. Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject.

  5. Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2.

  6. Court proceedings for exercising the right to receive compensation shall be brought before the courts competent under the law of the Member State referred to in Article 79(2).

Relevant Recitals: 146, 147

GDPR Articles

Article 81: Suspension of proceedings

GDPR Articles

Article 83: General conditions for imposing administrative fines