The article aims to identify the scope of application of Article 82 of the GDPR, which regulates the liability and the right to compensation for damages suffered by a data subject for any violation of the GDPR. Moving from this broad definition of liability, and in the light of the accountability principle, a ‘multifunctional’ liability model is suggested. This may overcome the dichotomy of contractual vs. extra-contractual liability, as well as offer itself as an effective remedy for all the damages that a natural person could suffer due to unlawful processing of personal data.
Liability and Accountability in the ‘Digital’ Relationships
Carmela CAMARDI
2022
Abstract
The article aims to identify the scope of application of Article 82 of the GDPR, which regulates the liability and the right to compensation for damages suffered by a data subject for any violation of the GDPR. Moving from this broad definition of liability, and in the light of the accountability principle, a ‘multifunctional’ liability model is suggested. This may overcome the dichotomy of contractual vs. extra-contractual liability, as well as offer itself as an effective remedy for all the damages that a natural person could suffer due to unlawful processing of personal data.
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