Judgment_paragraph 103 · ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts (C-667/21)

103Consequently, the answer to the fifth question is that Article 82 of the GDPR must be interpreted as meaning that, first, the establishment of liability on the part of the controller is subject to the existence of a fault committed by the controller, which is presumed unless the controller proves that the event giving rise to the damage is in no way attributable to it and, secondly, Article 82 of the GDPR does not require the degree of seriousness of that fault to be taken into account when determining the amount of damages awarded as compensation for non-material damage on the basis of that provision.