Fri. Sep 20th, 2024
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Schadensersatz bei Datenschutzverletzungen: Schlussanträge des Generalanwalts am EU-Gerichtshof in den verbundenen Rechtssachen C-182/22 und C-189/22 Scalable Capital
26 October 2023
Donnerstag, 26. Oktober 2023
Schlussanträge des Generalanwalts am Gerichtshof in den verbundenen Rechtssachen C-182/22 und C-189/22 Scalable Capital
Schadensersatz bei Datenschutzverletzungen
JU und eine andere Person sind Inhaber eines Accounts bei einer durch Scalable Capital verantworteten Trading-App. Für die Authentifizierung der Benutzer müssen auf dieser App bestimmte persönliche Daten hinterlegt werden wie etwa Name, Geburtsdatum, Adresse und eine Kopie des Personalausweises. Diese persönlichen Daten der beiden Benutzer wurden durch unbekannte Straftäter abgegriffen.
Daraufhin erhoben die Beiden Klage vor dem Amtsgericht München.
Das vorlegende Gericht geht von einer über Belanglosigkeit hinausgehende Sensitivität dieser Daten aus und nimmt an, dass dem Grunde nach ein Schadensersatzanspruch in Betracht kommt.
Es will außerdem vom Gerichtshof wissen, ob das Unionsrecht dahin auszulegen ist, dass datenschutzrechtliche Schadenersatzansprüche keinen Sanktionscharakter, sondern nur eine Ausgleichsfunktion haben, und wie immaterielle Schäden berechnet werden sollten.
Generalanwalt Collins legt heute seine Schlussanträge vor.
Details
- Date:
- 26 October 2023
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-182/22, C-189/22, Scalable Capital
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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