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;
the degree of fault on the part of the controller or processor does not have a bearing on establishing the liability of either of them or quantifying the amount of non-material damage to be compensated on the basis of Article 82(1) of
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;
the involvement of the data subject in the event giving rise to the compensation obligation may trigger, depending on the circumstances, the exemption from liability of the controller or processor provided for in Article 82(3) of
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… This reference for a preliminary ruling concerns the interpretation of
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(2) as regards (a) the processing of personal data concerning health, and (b) compensation for damage suffered as a result of an (alleged) breach of the GDPR itself.
2. …
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and Directive (EU) 2016/680, held on 10 October 2016, p. 2, and Minutes of the meeting of the Commission expert group on
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and Directive (EU) 2016/680, held on 20 February 2018, p. 2.
46 A view in favour of cumulation or complementarity can be found, for instance, in Petri, T., ‘Art. 9’, in Simitis/Hornung/Spiecker gen. …