O dano na responsabilidade civil por violação do regulamento geral de proteção de dados

Abstract

GDPR’s private enforcement has been growing and gaining relevance over the last few years, thus generating doubts about the right to compensation for the violation of the GDPR, mentioned in article 82. As such, in this thesis we intend to analyze the doubts that have arose regarding the interpretation of this regime, emphasizing the damage requirement. We will start by addressing a preliminary question: whether the right to data protection is national or European law. Subsequently, and depending on the position adopted, we will provide a legal framework for the issue. Furthermore, we will analyze in depth the concept of damage and the categories of damage covered by article 82 of the GDPR and, lastly, we will provide an assessment of the requirements for damage to be considered indemnifiable, as well as how to determine the amount of such compensation.

Date of Award	20 Jun 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Nuno Sousa e Silva (Supervisor)