CNA International Executive Search Blog

GDPR - Article 82 - Right to compensation and liability

[fa icon="calendar"] 03-May-2017 13:56:17 / by Karl Fontanari

Karl Fontanari

I was reading the 260 page EU Legislative Directive again, sad I know! and at the end, thought I would share with you what was stated:

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1.Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.

2. Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller.

3.A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage.

4.Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject.

5.Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2.

6.Court proceedings for exercising the right to receive compensation shall be brought before the courts competent under the law of the Member State referred to in Article 79(2).

Just to remind you of the amount of potential liability:

Non-compliance with an order by the supervisory authority as referred to in Article 58(2) shall, in accordance with paragraph 2 of this Article, be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher.

Do you know if you are a controller or processor and what the difference is and have you mapped out all of your eco-system on this basis and defined revised terms of engagement, ignorance is no excuse.

If you feel you need assistance either within your business and/or with your clients/providers please feel free to reach out and contact  Karl Fontanari, Senior Partner, CNA International Executive Search at karl.fontanari@cnaint.com ro call him at +44(0)1676 822 222

Topics: Executive Search, CNA International, GDPR, IT&Telecommunications, Article 82, compensation and liability

Karl Fontanari

Written by Karl Fontanari

Senior Partner IT&Telecommunications

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