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Employee rights under Art. 82(1) GDPR

Employee rights under Art. 82(1) GDPR

In Germany, there has been a sharp increase in cases where employees are asserting claims against employers for non-pecuniary damages for violations of data protection law.

In a company agreement, the employer was permitted to transmit the names, date of hire, place of work, company telephone number, and email address to a personnel administration company in order to test a new payroll processing procedure. However, the employer also transmitted, among other things, the employee's date of birth and private residential address. The employee claimed compensation for non-pecuniary damage resulting from the unauthorized transfer, in the amount of €3,000. After unsuccessful appeals in the lower courts, the Federal Labor Court, in its decision of May 8, 2025 (8 AZR 209/21), awarded at least €200 in damages. As our readers are certainly aware, the amounts awarded by German courts as compensation for non-pecuniary damage are significantly lower than those awarded by Italian courts. German case law considers its citizens to be much more resilient.