Restitutio in Integrum | Spirit Legal – JDSupra

A Fresh Perspective on Data Protection and Damages photo by Unsplash Opening statements by Peter Hense at a University of Vienna panel titled “EU Future Talks, Non-Material Damages for GDPR Violations: Quo Vadis Österreichische Post (C-300/21).” Please see video here. The landmark decision in the “Österreichische Post” case heralds a transformative era in European legal practice, with a heightened focus on private enforcement of privacy and data protection laws. This shift comes as a welcome development for conscientious citizens, particularly in light of the evident shortcomings in the Data Protection Commission (DPC) of Ireland’s enforcement of the General Data Protection Regulation (GDPR). In this groundbreaking ruling, the judiciary revitalizes the age-old Roman legal axiom of “restitutio in integrum”, recalibrating it to meet the idiosyncrasies of our increasingly digital landscape. The 19th century origins of our civil law were predominantly focused on liability related to tangible physical harm, such as anthrax infections originating from tainted goat hair in Germany, or phosphorus-induced jawbone necrosis in British match factories. Legal discourse of the time was rooted in concepts of causality, vicarious liability, and rules of evidence. Today, however, we are confronted with unscrupulous business practices that exploit consumer data for pecuniary gain. Contemporary
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