… For those purposes, there is nothing to prevent the requirement of proof of the risk of recurrence or, where appropriate, the establishment of a (rebuttable) presumption of that risk, resulting from the existence of a previous infringement of
Regulation
2016
/
679
.
- Under Article 82(1) of
Regulation
2016
/
679
, in assessing the amount of non-material damage which is to be compensated, the fact that, in addition to the right to compensation, the data subject is also entitled to require that the controller …
… Provisional text
OPINION OF ADVOCATE GENERAL
CAMPOS SÁNCHEZ-BORDONA
delivered on 20 March 2025 (1)
Case C-655/23
IP
v
Quirin Privatbank AG
(Request for a preliminary ruling from the Bundesgerichtshof (Federal Court of Justice, Germany))
(Preliminary ruling proceedings - Protection of personal data -
Regulation
(EU)
2016
/
679
- Article 5(1)(a) - Article 6(1) - Article 17 - Article 18 - Article 79(1) - Article 82(1) - Right to require the non-recurrence of unlawful processing - Right to compensation …
… In the proceedings which led to this reference for a preliminary ruling, the dispute concerns, in essence, whether a person is entitled to require the data controller for the processing of his personal data to refrain, in future, from repeating conduct that is contrary to
Regulation
(EU)
2016
/
679
. (2) That person is also seeking an order that the data controller must compensate him for non-material damage resulting from the infringement of the GDPR which has already been committed.
2. …