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Brandenburg: Higher Regional Court issues decision on eligibility requirements for non-material damages

The Brandenburg Higher Regional Court announced, on 11 August 2021, its decision regarding the eligibility requirements for non-material damages under Article 82 of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). In particular, the court held that a claim for damages can only arise from Article 82 of the GDPR if the claiming party has submitted sufficient evidence for a specific damage in the legal dispute. Specifically, the court held that the existence of a claim for damages under Article 82(1) of the GDPR had not been conclusively demonstrated in the present case.

In addition, the Court held that the Article 82(3) and the Recital 146 of the GDPR do not result in the reversal of the burden of proof for the existence of damage. Furthermore, the Court held that according to the clear and unambiguous wording of both Article 82(3) and the Recital 146 of the GDPR, the responsibility of the responsible party to provide evidence refers solely to his/her responsibility for the circumstances that caused the damage, but not on the damage itself.

You can read the decision, only available in German, here.