Published: 2021-06-19

In Search of a Law Applicable to Civil Law Claims for Damages for Violations of the General Data Protection Regulation (Article 82 of the GDPR)

Monika Jagielska Logo ORCID , Mariusz Jagielski Logo ORCID

Abstract

The main purpose of this study is to determine which conflict of law rules constitute the basis for the search for the law applicable to private-law compensation claims provided for in Article 82 of the GDPR, and whether it is possible to apply the Rome II Regulation on the law applicable to non-contractual obligations in this regard. The authors first set out the main features of the claim, with particular emphasis on those areas where discrepancies may arise at the level of national law. They then qualify the claim as a tortious one, which leads them to pose a question about the applicability of the Rome II Regulation in this case. Special attention is given to the relationship between privacy and personal data protection. The authors argue that these two spheres have become gradually separated from each other and finally, under GDPR, claims for damages for a breach of personal data protection being independent of claims for an infringement of personal rights. Consequently, they assume that the law applicable to a claim under Article 82 of the GDPR should be indicated on the basis of the Rome II Regulation, despite the doubts arising from the exclusion provided for in Article 1.2.g Rome II. If approach is accepted, it will have significant consequences for the harmonisation of the application of the GDPR in the EU Member States, and for achieving the harmonisation of decisions at the level of national law.

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Citation rules

Jagielska, M., & Jagielski, M. (2021). In Search of a Law Applicable to Civil Law Claims for Damages for Violations of the General Data Protection Regulation (Article 82 of the GDPR). Problemy Prawa Prywatnego Międzynarodowego (“Problems of Private International law”), 28, 51–73. https://doi.org/10.31261/PPPM.2021.28.02

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Vol. 28 (2021)
Published: 2021-12-09


ISSN: 1896-7604
eISSN: 2353-9852
Ikona DOI 10.31261/PPGOS

Publisher
Wydawnictwo Uniwersytetu Śląskiego | University of Silesia Press

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