The violation of your personal data
Discovering that your personal data has been violated, disseminated without consent, or used unlawfully is a deeply frustrating and worrying experience. Whether it's a large-scale data breach or unauthorized processing by a company, the feeling of having lost control over your information generates anxiety and can cause concrete damage, both economic and moral. In these circumstances, it is crucial to know that the law offers specific protection tools. As a lawyer specializing in compensation for damages in Milan, Avv. Marco Bianucci assists those who have suffered harm due to a violation of privacy regulations, with the aim of obtaining fair compensation.
The right to compensation according to the GDPR
The General Data Protection Regulation (GDPR), fully applicable in Italy, has significantly strengthened the protection of citizens. Article 82 of the GDPR establishes a clear principle: anyone who suffers material or immaterial damage caused by a breach of the regulation has the right to obtain compensation from the controller or processor. Material damage refers to direct economic losses, such as bank fraud or costs incurred to remedy the breach. Immaterial damage, on the other hand, concerns non-pecuniary prejudice such as moral damage, psychological suffering, anxiety, reputational damage, or loss of professional opportunities resulting from the unlawful dissemination of one's information.
The regulation places the burden of proof on the data controller. This means that the company or entity that managed the data must prove that it has adopted all adequate security measures to prevent the breach. If it is unable to provide this, it is considered responsible for the damage caused. Case law, both European and national, is consolidating an approach that increasingly recognizes the importance of compensating even for simple inconvenience or worry arising from the loss of control over one's data, constituting a genuine compensable damage.
The approach of the Bianucci Law Firm
Addressing a claim for compensation for privacy violation requires technical expertise and a strategic approach. The approach of Avv. Marco Bianucci, a lawyer specializing in compensation for damages in Milan, is structured in precise phases to maximize the chances of success. The first step consists of a detailed analysis of the violation suffered, identifying the responsibilities of the data controller and the nature of the data involved. Subsequently, a meticulous quantification of the damage is carried out, collecting all the necessary evidence to demonstrate both economic losses (material damage) and non-pecuniary prejudice (immaterial damage). The goal is to build a solid argumentative basis to support the compensation claim. The strategy is adapted to the specific case: it can proceed with a formal complaint to the Supervisory Authority, with a cease and desist letter to reach an out-of-court settlement, or, if necessary, with targeted legal action before the competent court.
Frequently Asked Questions
How much is the compensation for a GDPR violation?
There is no fixed amount. The quantification of compensation depends on the severity of the violation, the nature of the personal data involved (e.g., sensitive data such as health data entail greater damage), the duration of the violation, and the extent of the material and immaterial damage concretely suffered by the person. The judge assesses each case individually, based on the evidence provided.
Who is responsible for a data breach?
Responsibility primarily falls on the data controller, i.e., the company or entity that collects and manages the data. The data processor (an external supplier processing data on behalf of the controller, such as a marketing company or a cloud service provider) can also be held responsible if it has not complied with the obligations provided by the GDPR or the controller's instructions.
How long do I have to claim compensation for a privacy violation?
The right to compensation for damage resulting from unlawful processing of personal data is subject to a statute of limitations, according to the prevailing view, of five years. The period begins to run from the day on which the unlawful act occurred or, in some cases, from the moment the victim had actual knowledge of the damage and its cause.
What evidence is needed to prove damage from a data breach?
It is essential to collect all useful elements. This may include the data breach notification received from the company, proof of unauthorized access to one's accounts, documentation of any economic losses (bank statements), correspondence with the company, IT expert reports, and, for non-pecuniary damage, any medical certificates attesting to states of anxiety or stress caused by the event.
Request a Case Assessment in Milan
If your personal data has been compromised and you believe you have suffered damage, it is essential to act to protect your rights. The Bianucci Law Firm offers targeted advice to analyze your situation and define the most effective strategy to obtain fair compensation. Contact the firm based in Milan for a preliminary assessment of your case and to understand what legal actions can be taken.