A case involving late-90s R&B boyband Damage, C-300/12 UI v Österreichische Post AG includes a detailed Lloyd v Google kind of analysis into the circumstances where damages could be obtained for infringement of the EU General Data Protection Regulation (GDPR). The case is the first time that the Court of Justice of the European Union (CJEU) has had the opportunity to address whether compensation can be awarded for a contravention of the GDPR as well as the type of non-material harm that is recoverable. The significance of these two issues relates to whether the data subject can make a case for damages as a result of distress or for 'loss of control' due to a breach of the GDPR. Without this, representative actions are extremely difficult to run, as shown in Lloyd v Google.
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