Η έννοια της ηθικής βλάβης/μη υλικής ζημίας στη νομοθεσία/νομολογία για τα προσωπικά δεδομένα

Ντούνη, Σωτηρία

The concept of moral injury/non-material damage in personal data legislation/case law

Master Thesis

Author

Ντούνη, Σωτηρία

Date

2025-07

Abstract

This paper attempts to examine the concept of moral damages / non-material damage, as it is regulated by the legislation on personal data, as well as how it is treated by the case law of the Court of Justice of the European Union (CJEU) in the application of the Regulation (EU) 2016/679 (General Data Protection Regulation). The first part of the paper presents the legislation around personal data and moral damages. Starting with a historical review of the legislative framework covering personal data, as it started up to Regulation (EU) 2016/679 (General Data Protection Regulation). This is followed by an extensive analysis of the concept of moral damage based on the general principles of the Civil Code, namely the concepts of personality, damage, and compensation, which will help the reader to understand the term of non-material damage, as well as the need to protect the person in case of a personal data breach. This is followed by an analysis of article 82 of the Regulation (EU) 2016/679 (General Data Protection Regulation), which establishes the right to compensation. The second part of the paper focuses on case law and specifically on the way in which the CJEU has dealt with various issues that needed interpretation and further clarification following preliminary questions raised by national courts, in an attempt to clarify the concept of moral damages and the way to remedy them. Finally, a reference is made to findings resulting from the study of decisions at national level.

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/18097

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