<p class="p1">In its first leading judgment (decision of November 18, 2024, docket no.: <a href='https://openjur.de/u/2497758.html'>VI ZR 10/24)</a>, the German Federal Court of Justice (BGH) dealt with claims for non-material damages pursuant to Art. 82 GDPR following a scraping incident. According to the BGH, a proven loss of control or well-founded fear of misuse of the scraped data by third parties is sufficient to establish non-material damage. The BGH therefore bases its interpretation of the concept of damages on the case law of the CJEU, but does not provide a clear definition and leaves many questions unanswered. Our German data litigation lawyers, <a href='https://www.reedsmith.com/en/professionals/s/splittgerber-andreas'>Andy Splittgerber</a>, <a href='https://www.reedsmith.com/en/professionals/v/von-wickede-hannah'>Hannah von Wickede</a> and <a href='https://www.reedsmith.com/en/professionals/b/berchtold-johannes'>Johannes Berchtold</a>, discuss this judgment and offer insights for organizations and platforms on what to expect in the future.</p>


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