In its recent decision of 11 June 2019 (docket no.: 4 U 760/19, available here), the Dresden Court of Appeals (Oberlandesgericht Dresden – Court of Appeals) had to decide on claims for damages under Article 82 GDPR with regard to minor violations of the GDPR.
The defendant, the provider of a social network, had deleted a post from the plaintiff and suspended the plaintiff’s user account for three days. The plaintiff asserted, inter alia, material and non-material claims for damages under Article 82 GDPR.
The Court of Appeals’ decision
The Court of Appeals dismissed the asserted claims under Article 82 GDPR.
Article 82 (1) GDPR provides that:
The Court of Appeals ruled that the requirements of Article 82 (1) GDPR were not fulfilled.
Second, the Court of Appeals stated that the suspension of the account did not constitute a damage in the meaning of Article 82 GDPR, as not even the loss of personal data as such constituted a damage. In the view of the Court of Appeals, the three-day suspension constituted only a minor violation. The Court of Appeals found that claims for damages under Article 82 (1) GDPR may not be asserted for only minor violations.