German court: Damages from GDPR breach must be proven
The Baden-Wuerttemberg Labour Court of Appeals has clarified the requirements for an entitlement to immaterial damages in cases of a violation of the General Data Protection Regulation (GDPR).
In the opinion of the court, the burden of proof to demonstrate that a violation of the GDPR had caused a damage fell on the claimant, i.e. data subject and that threshold of the burden of proof for damages is quite high. The mere possibility of misuse or transfer of the data alone is not enough to show that the claimant had incurred damages.