AG issues Opinion on presumed fault of the controller in data breach case

27/04/2023 | DLA Piper

The Advocate General (AG) of the Court of Justice of the European Union (CJEU) has issued an Opinion in case (C 340/21) on the interpretation of the civil non-material right to damages under Article 82 (1) and the duty of disclosure of the technical and organisational measures under Articles 24 and 32 of the EU General Data Protection Regulation (GDPR). The case relates to a preliminary ruling of Bulgarian origin but could have significant relevance for data processing companies if the CJEU adopts the opinion. 

In light of the AG's opinion, companies are advised to check the technical and organisational measures regularly and ensure sufficient documentation is recorded for later use in court. 

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EU Court, CJEU, law, legal scales

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