56Secondly, if it were to be held that the burden of proof concerning the appropriateness of those measures lies with the data subjects, as defined in Article 4(1) of the GDPR, it would follow that the right to compensation provided for in Article 82(1) thereof would be deprived of much of its effectiveness, even though the EU legislature intended to strengthen both the rights of those data subjects and the obligations of controllers, as compared with the provisions predating that regulation, as stated in recital 11 thereof.
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.