Like colleague Simon Assion from Bird & Bird at LinkedIn reports, there have apparently been four court decisions in Germany to date concerning claims for non-material damages. In all cases, the corresponding lawsuits failed. In summary, the courts held that
- a claim for non-material damages at least a “noticeable” impairment is required; mere harassment is not sufficient (AG Dietz, November 7, 2018 – 8 C 130/18);
- the Rejection of a credit application due to inaccurate creditworthiness data no claim for damages triggers because there is no entitlement to a loan, but that the unlawful disclosure of personal data may cause relevant damage (LG Karlsruhe, August 2, 2019 – 8 O 26/19);
- a claim for damages is a not only insignificant impairment but that it may be possible to deviate from this if the infringement is intentional and profit-oriented and affects a large number of people (OLG Dresden, June 11, 2019 – 4 U 760/19);
- not every data security breach leads to a claim for compensationbut the person concerned has to prove the material or immaterial damage (AG Bochum, March 11, 2019 – 65 C 485/18).