News & Analysis as of

Personal Data Damages

Klein Moynihan Turco LLP

Daniel’s Law Lawsuits – Constitutionality Update

Our readers may recall our prior pieces in which we discussed a New Jersey State privacy law, colloquially known as Daniel’s Law. As our readers know, many of the defendants in these Daniel’s Law lawsuits challenged the...more

Mayer Brown

Hong Kong Privacy Commissioner for Personal Data Updated the Leaflet on Legal Assistance for Civil Claims under the Personal Data...

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The Office of the Privacy Commissioner for Personal Data (“PCPD”) released an updated version of the Information Leaflet on Legal Assistance for Civil Claims under the Personal Data (Privacy) Ordinance (“PDPO”) (the “2025...more

Wilson Sonsini Goodrich & Rosati

EU Court Awards Damages for Breach of EU Data Transfer Rules

On January 8, 2025, the second highest court of the European Union (EU), the General Court of the Court of Justice of the EU (the Court), ordered (in Bindl v European Commission, Case T-354/22) the European Commission (EC) to...more

DLA Piper

Germany: Update: Judgment on Non-Material Damages for Loss of Control Over Personal Data

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In its judgement of November 18, 2024 (case number VI ZR 10/24) the German Federal Court of Justice (Bundesgerichtshof – “BGH”) clarified key legal issues regarding claims for damages under Article 82 GDPR in the event of a...more

DLA Piper

Germany: Judgment on Non-Material Damages for Loss of Control Over Personal Data

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On November 18, 2024, the German Federal Court of Justice (Bundesgerichtshof – “BGH”) made a (to date unpublished) judgment under the case number VI ZR 10/24 regarding claims for non-material damages pursuant to Art. 82 GDPR,...more

K&L Gates LLP

Illinois Reigns In Excesses of Biometric Information Privacy Act: Form of Consent Expanded and Claims Limited

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New amendments to Illinois’s Biometric Information Privacy Act (BIPA) expand the ways in which consent may be obtained and reverse a critical holding in Cothron v. White Castle System, Inc., significantly reducing a company’s...more

Alston & Bird

New Law Limits Damages Plaintiffs Can Seek Under Illinois Biometric Information Privacy Act

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A new Illinois law limits the damages plaintiffs can seek under the state’s Biometric Information Privacy Act (BIPA). Our Labor & Employment Group explores the change’s impact on employers....more

Faegre Drinker Biddle & Reath LLP

Illinois Governor Signs Law That Limits Damages Recoverable Under the Biometric Information Privacy Act

On August 2, 2024, Illinois Gov. J.B. Pritzker signed into law an amendment to the Biometric Information Privacy Act (BIPA), which will limit defendants’ exposure to liability on a “per scan” basis and clarify that electronic...more

Seyfarth Shaw LLP

BIPA Damages Reform Bill Signed in Illinois

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On August 2, 2024, Illinois Governor J. B. Pritzker signed legislation reforming Illinois’ Biometric Information Privacy Act (BIPA). Senate Bill 2979 immediately amends BIPA to limit a private entities’ potential liability...more

Seyfarth Shaw LLP

BIPA LEGISLATIVE UPDATE: Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery

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Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns...more

A&O Shearman

CJEU issues judgement in two joined cases on right to compensation for non-material damage for identity theft

A&O Shearman on

On June 20, 2024, the Court of Justice of the European Union (‘CJEU’) issued its judgment in two joined cases C-182/22 and C-189/22, Scalable Capital, on the right to compensation for non-material damages under Article 82(1)...more

Davis Wright Tremaine LLP

Empire State of Minding the Minors: New York Laws Aim To Ensure Children’s Privacy and Online Safety

On June 7, 2024, the New York Legislature passed two bills to protect children online. The Stop Addictive Feeds Exploitation (SAFE) for Kids Act, S7694A, prohibits social media platforms from providing defined "addictive...more

Seyfarth Shaw LLP

Illinois Legislative Update: BIPA Reform Bill Reducing Damages Approved by Illinois House, Awaiting Governor's Signature

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In a significant legislative development, the Illinois House of Representatives has overwhelmingly approved Senate Bill 2979, with a vote of 81 to 30, which amends the Illinois Biometric Information Privacy Act (BIPA) to...more

BakerHostetler

How Did the FTC Get $16 Million in a Recent FTC Act Privacy Case?

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Advertising and privacy. In 2024, it’s hard to talk about one without the other. Almost like peanut butter and jelly. A recent case from the Federal Trade Commission is an important reminder about the privacy and...more

Segal McCambridge

District Court Confirms That Damages Are Discretionary Under Illinois’ Biometric Statute

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On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Declines to Reconsider Privacy Act Per-Scan Damages

On July 18, 2023, the Supreme Court of Illinois declined to reconsider its February 2023 holding that claims under the state’s Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or...more

Robinson+Cole Data Privacy + Security Insider

BNSF Awarded New Trial for BIPA $228M Award

BNSF Railway, previously hit with a $228 million jury award for violating the Illinois Biometric Information Privacy Act (BIPA) when collecting fingerprints of employees, was recently awarded a new trial to determine damages....more

Constangy, Brooks, Smith & Prophete, LLP

European Court of Justice rules on compensation and right to access under GDPR

The European Court of Justice has issued two important decisions interpreting the European Union’s General Data Protection Regulation. One addresses the right to compensation for GDPR violations, and the other addresses the...more

Latham & Watkins LLP

CJEU Rejects Minimum Threshold for GDPR Claims

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The court determined that mere infringement of the GDPR is insufficient for a damages claim, but that there is no minimum threshold for non-material damages. In a recent judgment (Case C-300/21), the Court of Justice of...more

Spirit Legal

Restitutio in Integrum

Spirit Legal on

A Fresh Perspective on Data Protection and Damages - 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...more

Faegre Drinker Biddle & Reath LLP

Österreichische Post: The CJEU Specifies the Requirements for Compensation for Breaches of the GDPR

On 4 May 2023, the European Court of Justice (CJEU) delivered its highly anticipated judgement in Österreichische Post (Case C-300/21) on a crucial issue: the extent to which data subjects affected by a breach of the GDPR...more

Latham & Watkins LLP

Europäischer Gerichtshof ebnet den Weg für Massenklagen im Datenschutz

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Der Europäische Gerichtshof („EuGH“) legt die Anforderungen für Schadensersatz nach Art. 82 EU Datenschutz-Grundverordnung („DSGVO“) in einem neuen Urteil weit aus (Urteil vom 4. Mai 2023, C-300/21). Zwar trifft der EuGH...more

Wyrick Robbins Yates & Ponton LLP

Working 9 to 5: What a Way to Rack Up BIPA Violations

February brought big changes to the Illinois Biometric Information Privacy Act (“BIPA”) litigation landscape. On the heels of a catastrophic 228 million dollar jury verdict against BNSF, the Illinois Supreme Court issued an...more

Franczek P.C.

Illinois Supreme Court Doubles Down on Liability for BIPA Claims

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On Friday, February 17, 2023, the Illinois Supreme Court issued another blockbuster ruling interpreting the Biometric Information Privacy Act (“BIPA”). In a 4 to 3 decision, the Court in Cothorn v. White Castle Systems held...more

Polsinelli

Divided Illinois Supreme Court Holds that BIPA Claims Accrue with Each Scan, Potentially Opening the Door to Massive Damages...

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In a recent 4-3 decision, the Illinois Supreme Court held that claims under sections 15(b) and 15(d) of Illinois’ Biometric Information Privacy Act (BIPA) accrue each time a private entity collects a biometric identifier...more

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