Judgment_paragraph 86 · ZQ v Medizinischer Dienst der Krankenversicherung Nordrhein, Körperschaft des öffentlichen Rechts (C-667/21)

86Since the right to compensation provided for in Article 82(1) of the GDPR does not have a dissuasive or even a punitive function, as envisaged by the referring court, the seriousness of the infringement of that regulation which caused the damage in question cannot influence the amount of damages awarded under that provision, even in the case of non-material damage rather than material damage. It follows that that amount cannot be set at a level which exceeds full compensation for that damage.