News and Analysis

Data privacy lawsuits citing the General Data Protection Regulation (GDPR) are becoming more common. Plaintiffs often allege a loss of control over their data or identity theft, without specifying specific damages. AG Collins of the Court of Justice of the European Union (CJEU) recently gave an opinion stating that such “loss of control” does not automatically show non-material damage, shifting the burden of proving actual harm onto the plaintiff. While not binding, this opinion may influence future CJEU decisions.