Illusory Compensation under Article 82 of the GDPR – ‘the Emperor’s New Clothes
The August special issue of the European Judicial Review featured an article entitled ‘Illusory Compensation under Article 82 of the GDPR – “the Emperor’s New Clothes” of digital fundamental rights’ by Prof. Agnieszka Grzelak, Maciej Gawroński and Alicja Tengli-Dobska, addressing the issue of symbolic damages for breaches of data protection regulations. In it, we advocate taking several key aspects of non-material damage into account when determining such damages, including the loss of agency by the affected individual, the loss of control over their data, the violation of dignity, and the hardship involved in seeking redress.