CA-2024-000578 - [2025] EWCA Civ 1117

Article 82 of the GDPR provides, so far as relevant:

“(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 ... for the damage suffered.”

(2)

Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation ...”

Section 168(1) of the DPA provided at the material time that “In Article 82 of the GDPR (right to compensation for material or non-material damage), ‘non-material damage’ includes distress.”