Judgment_paragraph 102 · ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts (C-667/21)

102It must be stated that, in the light of its compensatory function, Article 82 of the GDPR does not require the degree of seriousness of the infringement of that regulation, which the controller is presumed to have committed, to be taken into account when determining the amount of damages awarded as compensation for non-material damage on the basis of that provision, but requires that amount to be fixed in such a way that the damage actually suffered as a result of the infringement of that regulation is compensated in its entirety, as is apparent from paragraphs 84 and 87 of this judgment.