Autore
Garcia Long, Sergio

Titolo
EU data protection law and unjustified enrichment: has the time come for restitution? Long Sergio Garcia 111-126
Periodico
Archivio di diritto civile
Anno: 2025 - Volume: 2 - Fascicolo: 1 - Pagina iniziale: 111 - Pagina finale: 126

This essay comments on a recent ruling of the Court of Justice of the European Union (CJEU) on compensatory damages for disclosure of personal data by third parties, which highlights the inadequacy of civil liability and the role unjustified enrichment may play in the digital age. The CJEU considers that fear can be compensated as part of non-material damage, but it raises doubts in relation to the nature of the pecuniary award, proof of damage, causality, among oth- ers. There is no restitutionary relief. Here I argue that a good alternative would be a restitution- ary claim. In addition, the analysis of the CJEU ruling allows me to take up again a pending issue on the European agenda: the drafting of principles on unjustified enrichment as uniform law in Civil Law. For that purpose, it focuses on the challenges to reconcile the different per- spectives on unjustified enrichment between Civil Law and Common Law such as subsidiarity, punishment, sine causa versus unjust factors, and defenses. Overall, unjustified enrichment shows that it can be useful in the digital age, and thus, technology is an opportunity to recall restitution and not to forget it once again.



SICI: 3035-1952(2025)2:1<111:EDPLAU>2.0.ZU;2-Z

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