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Netherlands court rules that violation of GDPR does not automatically result in damages

The Netherlands Advisory Division of the Council of State overruled the decision of a lower instance to award the claimant €500 for damages, detailing that a mere violation of a fundamental right does not automatically result in damages.

The Council of State decided that in line with the Dutch Civil Code, the burden of proof is on the claimant to demonstrate they suffered damages, and that in the case at hand the claimant had failed to prove that the bar of actual harm had been reached.

Source: Netherlands: Council of State overrules order to award GDPR damages | DataGuidance

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