Abstract

Article 82 of the GDPR introduces civil law liability of the controller and the processor for damage caused by violation of the personal data protection provisions. There are many doubts surrounding this regulation, one of ehich concerns the principle of liability for damages of the abovementioned entities. The content of the Polish language version of Art. 82 of the GDPR leads to the conclusion that this is liability based on fault, which is supported by most of the Polish doctrine.

The purpose of this article is to demonstrate that the controller's and processor's liability for damages is not based on the principle of fault, and then to determine what principle we are dealing with in Art. 82 of the GDPR.