Η εφαρμογή του άρθρου 82 ΓΚΠΔ από τα δικαστήρια (με έμφαση στο ΔΕΕ)

Γατουρτζίδης, Κυριάκος - Αλέξιος - Εφραίμ

The application of Article 82 GDPR by the courts (with emphasis on the ECJ)

Master Thesis

Author

Γατουρτζίδης, Κυριάκος - Αλέξιος - Εφραίμ

Date

2026-03

Abstract

The aim of the present thesis is to present concisely the principal issues relating to the application of Article 82 of the GDPR. Through a comprehensive approach to doctrinal positions and, in particular, to case law, all developments concerning the interpretation of the basic requirements required for the application of the said Article are set out. More specifically, reference is first made to the issue of the functional purpose of the Article under consideration, which in any event must be interpreted autonomously. Subsequently, the most fundamental aspects of both active and passive standing are addressed, as conditions for the admissibility of an action for damages under Article 82, through the parallel elucidation of certain relevant key concepts of the Regulation. Thereafter, due to its importance, the controversial issue of the allocation of the burden of proof upon the bringing of the relevant action is brought to the fore. Subsequently, the requirements of unlawfulness, damage, and causal link are analyzed in sequence, together with certain interrelated issues that have consistently concerned the legal community. At the same time, the issue of calculating the amount of the compensation to be awarded, should the action be upheld, is addressed, and the view is advanced that the dual nature of personal data as both a right and as consideration must be taken into account in the determination of the final amount of compensation, which must be full. For the sake of completeness of the thesis, certain concluding issues are finally mentioned, relating to limitation periods, the right to effective judicial protection, as well as the issue of the concurrence of Article 82 with other provisions of the Greek legal system.

Postgraduate Studies Programme

Δίκαιο και Τεχνολογίες Πληροφορικής και Επικοινωνιών (MSc in Law and Information and Communication Technologies)

Department

Σχολή Τεχνολογιών Πληροφορικής και Επικοινωνιών. Τμήμα Ψηφιακών Συστημάτων

Number of pages

Language

Greek

URI

https://dione.lib.unipi.gr/xmlui/handle/unipi/19606

Collections

Τμήμα Ψηφιακών Συστημάτων

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Except where otherwise noted, this item's license is described as
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα