Miruna Vlad – speaker at the debate “Non-material damages as a result of GDPR infringement”
Miruna Vlad, Senior Associate in NNDKP’s Data Protection practice, was a speaker at the debate dedicated to the topic of “Non-material damages as a result of GDPR infringement”, organized by the legal media platform Juridice.ro on 13 December 2021.
During her presentation Miruna pointed out that:
- as in any area, the subject of moral damages is relevant, but their applicability will depend on how the courts interpret the GDPR rules on controller liability for its processing activities;
- the existing practice of Romanian courts in awarding moral damages for non-compliance with GDPR does not seem to be well consolidated yet;
- the outcome of the request for a preliminary ruling addressed this year by the Austrian Supreme Court to the CJEU (case C-300/21) is expected to clarify at least some of the issues that have been unevenly approached at national level;
- on the subject of interceptions, it is interesting to monitor the legislative process on the Draft Law for amending and supplementing certain regulatory acts in the field of electronic communications and for establishing measures to facilitate the development of electronic communications networks (PL-x No. 428/2021), which, in the form submitted to the Senate, extends the application of the electronic communications interception.
A summary of the debate is available (in Romanian) here.