SPECIFIČNOSTI NAKNADE ŠTETE U OBLASTI ZAŠTITE PODATAKA O LIČNOSTI

Abstract

Torts, along with contracts, are the most common source of obligations. In the personal data protection law, special rules are provided regarding the liability for damages. Only recent decisions of the Court of Justice of the European Union have provided guidelines for interpreting of these provisions. In this paper, the author first seeks to point out the doubts that existed in connection with the application of these provisions, by applying the dogmatic and historical method, and then analyze the recent practice of the Court of Justice of the European Union and designate the questions that remain open. This paper aims to identify the peculiarities of damages reimbursement in the personal data protection law, in order to facilitate the application of the disputed provisions in practice.