Uncertainty still hangs over the private enforcement of the GDPR, particularly with regard to the right to compensation. More recently, the CJEU has increasingly been called upon to clarify issues concerning the application of Art 82 GDPR. Yet, this debate remains open: the concept of damage, the criteria for its assessment, and the boundaries between overprotection and underprotection – does this legal framework achieve a balancing harmonisation of the social costs and benefits associated with the processing of personal data? Building on the emerging caselaw and practical application of Art 82 GDPR, this paper seeks to offer a systematic analysis of the issues surrounding the concept of damage, while also putting forward some reflections on the role of tort law as a mechanism for regulating and balancing competing interests in the data protection context …
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Nuno A Pires Salpico, Compensation Under the GDPR: Does Data Protection Law Require Damage – and Where to Find It? (2026) 15 (4) Journal of European Consumer and Market Law 178-188.
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