Referral C-507/23 (Patērētāju tiesību aizsardzības centrs, 8 Aug 2023)

1. Must Article 82(1) of the General Data Protection Regulation be interpreted as meaning that the unlawful processing of personal data, in so far as it is an infringement of that regulation, may, in itself, constitute unjustified interference with a person’s subjective right to the protection of his or her data and damage caused to that person?

2. Must Article 82(1) of the General Data Protection Regulation be interpreted as meaning that, where there is no possibility of restoring the situation that existed before the damage was caused, it permits the imposition of the obligation to apologise as the sole form of compensation for non-material damage?

3. Must Article 82(1) of the General Data Protection Regulation be interpreted as meaning that it permits a smaller amount of compensation for the damage caused to be set on the basis of circumstances that are indicative of the attitude and motivation of the person processing the data (for example, the need to perform a task carried out in the public interest, the lack of intent to cause damage to the person concerned or difficulties in understanding the legal framework)?