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
2022-01-01
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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