GDPR · Regulation (EU) 2016/679
Article 82
Compare the available Commission, Council and Parliament texts and amendments affecting this article.
Article total: 3 parts · 0 Council drafts · 3 Parliament amendments
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Additional proposed wording Amendment 1351 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
14c. In Article 82, paragraph 5 is replaced by the following:
Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing of from the manufacturers that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2.'
Justification
linked to Article 24(4) (new)
against:
Article 82
Right to compensation and liability
- 1.
Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.
- 2.
Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller.
- 3.
A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage.
- 4.
Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject.
- 5.
Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing of from the manufacturers that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2.'
- 6.
Court proceedings for exercising the right to receive compensation shall be brought before the courts competent under the law of the Member State referred to in Article 79(2).
Additional proposed wording Amendment 1354 · Markéta Gregorová on behalf of the Verts/ALE Group ITRE · LIBE
14d. 14c. In Article 82, the following paragraph 6a is added
Where damage is caused wholly or partly by an act or omission of a manufacturer, the manufacturer shall be liable to the data subject in addition to the controller or processor.’
against:
Article 82
Right to compensation and liability
- 1.
Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.
- 2.
Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller.
- 3.
A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage.
- 4.
Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject.
- 5.
Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2.
- 6.
Court proceedings for exercising the right to receive compensation shall be brought before the courts competent under the law of the Member State referred to in Article 79(2).
- 6a.
Where damage is caused wholly or partly by an act or omission of a manufacturer, the manufacturer shall be liable to the data subject in addition to the controller or processor.’
Alternative wording Amendment 1356 · Axel Voss ITRE · LIBE
Justification
The amendment preserves representative complaints and judicial remedies while clarifying that compensation under Article 82 remains a personal claim requiring proven damage. Non-material damage should be compensable where the infringement causes a significant impairment, ensuring effective redress without turning minor or purely formal infringements into mass claims. This protects data subjects’ individual rights, legal certainty for controllers and processors, and a proportionate balance between enforcement and liability.
against:
Article 82
Right to compensation and liability
- 1.
Any
persondata subject who has suffered proven material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered. A claim for compensation for non-material damage arises only in the event of a significant impairment. - 2.
Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller. - 3.
A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage. - 4.
Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject. - 5.
Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2. - 6.
Court proceedings for exercising the right to receive compensation shall be brought before the courts competent under the law of the Member State referred to in Article 79(2).
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Article 82
Wording reproduced in the amendment → Amendment 1356 · ITRE–LIBE amendments 1261–1564 to the draft report
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