§ 83 Compensation

  1. 1 If a controller has caused a data subject to suffer damage by processing personal data in violation of this Act or other law applicable to this processing, the controller or its legal entity shall be obligated to provide compensation to the data subject. 2 This obligation to provide compensation shall not apply if, in the case of non-automated processing, the damage was not the result of fault by the controller.
  2. The data subject may request appropriate financial compensation for nonmaterial damage.
  3. If, in the case of automated processing of personal data, it is not possible to determine which of several controllers caused the damage, each controller or its legal entity shall be liable.
  4. Section 254 of the Civil Code shall apply to contributory negligence on the part of the data subject.
  5. The limitation provisions stipulated for tortious acts in the Civil Code shall apply accordingly with regard to statutory limitation.