THE AUTONOMOUS CONCEPT OF CIVIL LIABILITY IN THE REALM OF PERSONAL DATA PROTECTION IN THE DIGITAL AGE
ANALYSIS OF ARTICLE 82 OF REGULATION 2016/679
DOI:
https://doi.org/10.18042/cepc/rdce.79.09Abstract
Over the last few years, the Court of Luxembourg has gradually established an autonomous and uniform concept of civil liability for breach Regulation (EU) 2016/679 provisions on personal data protection based on the interpretation of Article 82, object of this analysis.
This study examines the legislative framework of the Regulation, on its personal, material, territorial and temporal scope of application, which will govern its provisions both in the field of judicial jurisdiction and applicable legislation
Through the jurisprudential technique of creating an autonomous concept, we will overview how the European judge is creating a system consistent with the spirit of the aforementioned Regulation, which combines the right of citizens to protect their personal data, with the economic interests of the internal Digital Market.
The functional nature of this autonomous concept serves to delimit the responsible subjects, the three cumulative requirements for obtaining compensation for damages, both material and immaterial, the compensable damage, the civil liability system, as well as the nature of the compensatory measure.
The case law of the European Union Member States on compliance with this rule highlights both its incomplete nature and the difficulties it faces, especially in the area of quantification of non-material loss compensation.
Keywords: Autonomous concept, personal data protection, civil liability, compensatory damages, material damages, non-material harm.
Published
Issue
Section
License
Copyright
Submission of a manuscript to the RDCE implies having read and accepted the journal's editorial guidelines and instructions for authors. When a work is accepted for publication, it is understood that the author grants the RDCE exclusive rights of reproduction, distribution and, where appropriate, sale of his manuscript for exploitation in all countries of the world in printed version, as well as any other magnetic, optical and digital media.
Authors shall transfer the publishing rights of their manuscript to RDCE so that it may be disseminated and capitalised on Intranets, the Internet and any web portals and wireless devices that the publisher may decide, by placing it at the disposal of users so that the latter may consult it online and extract content from it, print it and/or download and save it. These activities must comply with the terms and conditions outlined on the website hosting the work. However, the RDCE authorises authors of papers published in the journal to include a copy of these papers, once published, on their personal websites and/or other open access digital repositories. Copies must include a specific mention of RDCE, citing the year and issue of the journal in which the article was published, and adding a link to the RDCE website(s).
A year after its publication, the works of the RDCE will be under the Creative Commons Attribution-Noncommercial-NoDerivative 4.0 International license (CC BY-NC-ND 4.0), which allows third parties to share the work as long as its author and its first publication is indicated, without the right to commercial exploitation and the elaboration of derivative works.
Plagiarism and scientific fraud
The publication of work that infringes on intellectual property rights is the sole responsibility of the authors, including any conflicts that may occur regarding infringement of copyright. This includes, most importantly, conflicts related to the commission of plagiarism and/or scientific fraud.
Practices constituting scientific plagiarism are as follows:
1. Presenting the work of others as your own.
2. Adopting words or ideas from other authors without due recognition.
3. Not using quotation marks or another distinctive format to distinguish literal quotations.
4. Giving incorrect information about the true source of a citation.
5. The paraphrasing of a source without mentioning the source.
6. Excessive paraphrasing, even if the source is mentioned.
Practices constituting scientific fraud are as follows:
1. Fabrication, falsification or omission of data and plagiarism.
2. Duplicate publication.
3. Conflicts of authorship.
Warning
Any breach of these Rules shall constitute a ground for rejection of the manuscript submitted.
