The protection of personal data in the digital age

In the current digital context, personal data has become an invaluable resource. Their improper management, unauthorized dissemination, or use for illicit purposes can cause significant damage, both economic and moral. Suffering a privacy violation is an experience that generates frustration and a sense of helplessness. Understanding your rights and how to act to obtain fair compensation is the first step to regaining control of the situation. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists those who have suffered prejudice due to the unlawful processing of their data, providing targeted legal advice to protect the fundamental rights of the individual.

The Regulatory Framework: GDPR and the Right to Compensation

The General Data Protection Regulation (GDPR, EU Reg. 2016/679), together with the Italian Privacy Code, constitutes the pillar of personal data protection in Europe. This legislation requires anyone who processes personal data (companies, public bodies, professionals) to adopt rigorous measures to ensure the security and lawfulness of processing. When these rules are violated, the law provides a right to compensation for the victim. Compensable damage can be of two types: pecuniary damage, which corresponds to a direct and demonstrable economic loss, and non-pecuniary damage, which includes moral prejudice, inner suffering, and distress resulting from the violation suffered.

Proof of damage and causal link

To obtain compensation, it is not enough to demonstrate a violation of the regulation. It is necessary to prove that concrete damage has been suffered and that there is a direct causal link between the unlawful conduct of the data controller and the prejudice suffered. This means precisely documenting the negative consequences of the violation, which can manifest in various ways: from loss of employment opportunities to reputational damage, up to states of anxiety and stress. The complexity lies precisely in quantifying and demonstrating the extent of these damages, a task that requires legal expertise and careful analysis of the specific case.

The Approach of Bianucci Law Firm

Addressing a claim for privacy violation compensation requires a strategic and personalized approach. The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation in Milan, is based on a meticulous analysis of the situation to build a strong legal position. The first step consists of examining the nature of the violation, identifying the data controller responsible for the unlawful processing, and gathering all necessary evidence to document both the violation itself and the damages that resulted from it. This process includes evaluating communications, verifying any data breaches, and analyzing the impact the event has had on the client's personal and professional life.

Once the strategy is defined, the Bianucci Law Firm proceeds with the formal request for compensation, primarily seeking an out-of-court settlement to resolve the dispute quickly and effectively. Should it not be possible to reach a satisfactory agreement, the firm provides the necessary assistance to initiate legal action, representing the client at every stage of the judicial proceedings. The objective is always to ensure that the damage suffered is fully recognized and that the client obtains fair compensation for the violation of their fundamental rights.

Frequently Asked Questions

When am I entitled to compensation for a privacy violation?

You are entitled to compensation when you can demonstrate that you have suffered damage (pecuniary or non-pecuniary) due to unlawful processing of your personal data. Three elements must be proven: the violation of regulations by the data controller, the existence of concrete damage, and the direct link (causal link) between the violation and the damage suffered.

How is compensation for personal data breaches calculated?

There are no predefined tables for calculation. The quantification of damages is carried out by the judge on a case-by-case basis, taking into account various factors: the severity and duration of the violation, the nature of the data involved (e.g., sensitive data), the consequences on the person's life, and the possible intentionality of the transgressor. Compensation must cover both economic losses and moral prejudice.

What should I do if I discover my data has been used illegally?

It is crucial to act promptly. The first thing to do is to gather all possible evidence of the violation, such as emails, messages, screenshots of web pages, or letters. Subsequently, it is advisable to consult a lawyer expert in the field to assess the situation, avoid making missteps, and define the most correct strategy to protect your rights.

How long do I have to claim damages for a privacy violation?

The right to compensation for damages resulting from unlawful processing of personal data typically prescribes in five years. The term starts from the day the victim became aware of the damage suffered and the responsible party, not necessarily from the day the violation occurred.

Request an Evaluation of Your Case in Milan

If you believe you have suffered damage due to unlawful management of your personal data, it is essential to act with the support of a professional. Addressing a compensation claim alone can be complex and risky. Contacting an expert lawyer in damages compensation is the first step to understanding your available options and initiating an effective protection process. Legal advice allows you to assess the merits of your claims and correctly set up legal action.

The Bianucci Law Firm in Milan is at your disposal to analyze your situation. Contact Avv. Marco Bianucci for a preliminary evaluation of your case and to define the most effective strategy for protecting your rights and obtaining fair compensation.