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Prediction: Germany: Data breach claims will increase

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Prediction

Due to an increase in cyber incidents, we predict a similar rise in data breach claims. Although the European High Court has restricted the ability to claim for damages from cyber incidents as the data subject needs to show damage, it does not need to be material. The data processor needs to make sure it acts in line with data protection regulation. In addition to claims by data subjects, there is also the possibility of consumer protection authorities claiming against data processors in case of a data breach. Further, the ECJ has just acknowledged the possibility of a competitor claiming based on breach of GDPR regulation. This opens the door to different claims from different perspectives and requires even more attention on data processing compliance.