Article 82 — Right to compensation and liability

GDPR, Regulation (EU) 2016/679

What does GDPR Article 82 say?

Short answer, straight from the official text

1. Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered. 2.

Source: GDPR, Regulation (EU) 2016/679, read 2026-08-14.

Official text

Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.

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1. Any person who has suffered material or non-material damage as a result of an infringement of this Regulation shall have the right to receive compensation from the controller or processor for the damage suffered.

2. Any controller involved in processing shall be liable for the damage caused by processing which infringes this Regulation. A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller.

3. A controller or processor shall be exempt from liability under paragraph 2 if it proves that it is not in any way responsible for the event giving rise to the damage.

4. Where more than one controller or processor, or both a controller and a processor, are involved in the same processing and where they are, under paragraphs 2 and 3, responsible for any damage caused by processing, each controller or processor shall be held liable for the entire damage in order to ensure effective compensation of the data subject.

5. Where a controller or processor has, in accordance with paragraph 4, paid full compensation for the damage suffered, that controller or processor shall be entitled to claim back from the other controllers or processors involved in the same processing that part of the compensation corresponding to their part of responsibility for the damage, in accordance with the conditions set out in paragraph 2.

The article continues in the official text.

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Other articles in this chapter

• Article 77
• Article 78
• Article 79
• Article 80
• Article 81
• Article 83
• Article 84

Who does this apply to

The register names five roles. Open a role to see the duties this act places on it, each row with its article and its source.

• Cloud service provider

Does this apply to us?

• Do ai governance rules apply to a cloud provider?
• Do personal data rules apply to a cloud provider?
• Do cross-border data rules apply to a cloud provider?
• Do cybersecurity rules apply to a cloud provider?
• Do health data rules apply to a cloud provider?
• Do online platforms rules apply to a cloud provider?

All roles in the register · All questions by role

The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.

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