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Germany: Federal Constitutional Court issues ruling on immaterial damages

The German Federal Constitutional Court ('FCC') issued, on 14 January 2021, its ruling on immaterial damages under Article 82 General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). OneTrust DataGuidance confirmed the news with Tim Wybitul and Wolf-Tassilo Böhm, Partner and Associate respectively at Latham & Watkins LLP, who added that the FCC had overturned a judgment of the Goslar Local Court which held that the Plaintiff had not suffered any compensable damage under Article 82 of the GDPR in relation to an unlawful marketing email that had been sent to them. In particular, the FCC found that the Goslar Local Court should have made a submission to the European Court of Justice for a preliminary ruling to determine whether the GDPR provides for a materiality threshold for GDPR damage claims. Furthermore, the FCC noted that the scope of Article 82 of the GDPR remains unclear.

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