168 Compensation for contravention of the [UK GDPR]

168  Compensation for contravention of the [UK GDPR]

(1)     In Article 82 of the [UK GDPR] (right to compensation for material or non-material damage), “non-material damage” includes distress.

(2)     Subsection (3) applies where—

(a)     in accordance with rules of court, proceedings under Article 82 of the [UK GDPR] are brought by a representative body on behalf of a person, and

(b)     a court orders the payment of compensation.

(3)     The court may make an order providing for the compensation to be paid on behalf of the person to—

(a)     the representative body, or

(b)     such other person as the court thinks fit.

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