The Court of Justice of the European Union (CJEU) has ruled in Case C-755/21 P that Europol and the Member State responsible for unlawful data processing within the context of their cooperation will be jointly and severally liable for any damage caused. This ruling applies to any data subject seeking compensation for damage suffered, who only needs to prove that the unlawful processing occurred within the context of cooperation between the two entities. The ruling also eliminates the requirement for the data subject to establish which of the two entities is responsible for the unlawful processing.
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