28It must, however, be pointed out, first, that the controller’s liability under Article 82 of the GDPR is subject to fault on the part of the controller, which is presupposed unless it proves that it is not in any way responsible for the event giving rise to the damage, and second, that Article 82 does not require that the severity of that fault is taken into consideration when setting the amount of the compensation allocated for non-material damage under that provision (judgments of 21 December 2023, Krankenversicherung Nordrhein, C‑667/21, EU:C:2023:1022, paragraph 103, and of 25 January 2024, MediaMarktSaturn, C‑687/21, EU:C:2024:72, paragraph 52).
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