Article 54*

Article 54 – Liability and the right to compensation

Commission Proposal

1. Member States shall provide that any person who has suffered damage as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this Directive shall have the right to receive compensation from the controller or the processor for the damage suffered.

2. Where more than one controller or processor is involved in the processing, each controller or processor shall be jointly and severally liable for the entire amount of the damage.

3. The controller or the processor may be exempted from this liability, in whole or in part, if the controller or processor proves that they are not responsible for the event giving rise to the damage.

EDRi’s proposed amendment

1. Member States shall provide that any person who has suffered material or non-material damage as a result of an unlawful processing operation or of an action incompatible with the provisions adopted pursuant to this Directive shall have the right to receive compensation from the controller or the processor for the damage suffered.

2. Where more than one controller or processor is involved in the processing, each controller or processor shall be jointly and severally liable for the entire amount of the damage.

3. The controller or the processor may be exempted from this liability, in whole or in part, if the controller or processor proves that they are not responsible for the event giving rise to the damage.

Justification

It should be clarified that non-material damage such as distress should also lead to a right to compensation.

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