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Last week the European Court of Justice clarified interpretation of the General Data Protection Regulation (GDPR). Clarifying the conditions for awarding compensation for non-material damage by data subjects, if their data is published on the internet following a cyber attack.
In layman’s speak, if my personal data is stolen infringing GDPR and I fear that it has been misused, then I could have reasonable cause to claim non-material damage against the data controller. In addition it is for the data controller to prove that protective measures implemented were appropriate.
This ruling is significant. It appears to bring into consideration the fear factor resulting from a data breach, not just the material impact of a data breach. Expanding the scope impact significantly fallowing a GDPR data breach.
Ted Dziekanowski Brian D. McCarthy
#cybersecurity #cyberriskmanagement
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