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Personal Data
Am I entitled to compensation for damages in case of a breach of the security of my personal data?
The legal framework and court practice have undergone numerous changes in connection with the adoption of Regulation (EU) 2016/679 regarding the protection of personal data and its free movement. One of the rights of data subjects is to seek compensation in the event of a breach of the security of their data or processing that violates the Regulation.
Violations of the rules for processing personal data that lead to a breach of their security are grounds for seeking compensation for damages suffered by affected persons.
Most common cases of breach:
What should we do after establishing a personal data security breach?
We may learn of a data security breach in different ways, while the controller or processor has an obligation to notify of every breach.
In every case of breach, it is important to have evidence that can unquestionably establish the occurrence of the incident. Please note that very often a personal data security breach does not involve public disclosure of the information, i.e., hypothetically it could be concealed by the controller or processor. The possible means of evidence depend on the nature of each specific breach, and we recommend consulting a specialist for each individual case.
After learning of a personal data security breach, we recommend contacting the Commission for Personal Data Protection (CPDP) and informing them properly and in detail about the case.
The CPDP does not have legal authority to order the controller or processor to pay compensation directly to you. Proof of damages is made before the general civil court, but a decision of the Commission for Personal Data Protection would have significant evidentiary value in the proceedings. We would like to draw your attention to the fact that this matter is highly specific and difficult to understand even for practising lawyers. Therefore, we recommend contacting us for the preparation of the complaint to the CPDP.
The first two documents are prepared by the ‘Traffic Police’ authorities of the Ministry of Interior, while the third is prepared by the two drivers involved in the accident, without the need for the authorities to attend the scene. Regardless of the above, you should first seek medical assistance, stabilize your health condition, and contact a lawyer. You should also keep all documents related to your treatment, as you will need to prove before the court the amount of the pecuniary damages you have suffered.
Finally, consider and contact people who witnessed the incident, as well as its consequences for you. Witness statements are a very important means of evidence in court proceedings.
What Compensation Would I Be Entitled To?
If the claim is successfully proven, you would receive compensation for the full amount of pecuniary damages you have suffered. In addition to pecuniary damages, every affected person has the right to monetary compensation for non-pecuniary damages (pain and suffering) suffered in connection with the incident.
The amount of non-pecuniary damages is determined by the court on the basis of fairness, taking into account the specifics of each individual case. At present, there is still no well-established practice of the Bulgarian courts in such cases.
Our specialists can inform you of the reasonable amount of your claim.
From whom may I claim compensation?
The answer to this question depends on the specifics of each individual case. In general, liability may be sought from three groups of entities: the driver at fault for the accident, their insurer under the “Motor Third Party Liability Insurance”, or the Guarantee Fund. Injured parties must submit their claim for payment voluntarily to the insurer, providing all available documents, as well as a bank account to which the insurance compensation may be paid.
How does our team work?
You contact us
We review your case
Consultation
We file a court case
You receive compensation
