Analiza jurisprudenţei române privind acordarea de daune morale pentru nerespectarea protecţiei datelor cu caracter personal

Rezumat

Compensation for material or non‑material damage caused by the actions or inactions of the data controller or the person empowered by him may be carried out under the General Data Protection Regulation (RGPD). All court decisions issued by Romanian courts regarding the granting of non‑material damages for events in the field of data protection are analyzed. Conditions for granting of non‑material damage are analyzed from the perspective of the courts' interpretation: unlawful act, damage, causal link and guilt. Cases of collision between the right to data protection and the right to privacy or the right to dignity are analyzed, as grounds for granting moral damages. Finally, criteria and typologies regarding the amount of moral damages in national and international jurisprudence are analyzed.

Keywords: General Data Protection Regulation (GDPR); Directive (EU) 2016/680; non‑material damages; Romania.