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Civil Liability for Processing of Personal Data in the GDPR

DOI https://doi.org/10.21552/edpl/2019/4/7

A.B. Menezes Cordeiro


In this paper we intend to analyse all the component paragraphs of Article 82 GDPR. The first part will be devoted to exploring the three elements of civil liability: unlawfulness, damages and causal link. The second, to the persons who can make use of this mechanism and against whom it can be invoked. And lastly, in the third part, we will address some more specific issues, in particular joint and several liability and the right of recourse. A practical standpoint is adopted, focused on problems that application of the article may raise: (i) the types of acts and omissions that permit actions to be brought to enforce liability; (ii) the types of damages which are compensable; (iii) which subjects can bring actions of this kind; and (iv) the differences between the rules established for controllers and processors.
Keywords: GDPR, Civil Liability, Right to Compensation

Prof Doutor A.B. Menezes Cordeiro, LLM, Professor at the University of Lisbon; Research Fellow at the Centro de Investigação de Direito Privado. For correspondence: <mailto:antoniobmcordeiro@fd.ulisboa.pt>.

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