Tratamiento de datos personales y responsabilidad civil. Comentario a la STJUE de 4 de mayo de 2023

Resum

Since the entry into force of the General European Data Protection Regulation, in 2016, many controversial concepts and issues have required interpretation of case law. However, uncertainties about aspects of his guardianship have not yet been exhausted. Thus, in May of this year, a preliminary question was referred to the Court of Justice of the European Union, on an aspect that has so far barely been addressed: civil liability for damages caused by the non-application of the GDPR. The position adopted by the CJEU in its resolution leads us to the important task of analysing the compatibility of the requirement of indmenization contemplated in the European standard, with the civil liability regime enshrined in our Spanish legal order, studying its framing in the different systems provided, differentiating between «means», «result» and, the most current, «strict» or «risk» liability.