Decisions of the OLG Naumburg on compensation for unlawful data processing
In its judgments of February 5, 2026, the Higher Regional Court of Naumburg (Case No. 9 U 124/24 and 9 U 44/25) awarded a user a claim for non-material damages in two cases. The subject matter involved data processing operations in connection with services of the Meta Group. The key basis of the decisions is Art. 82 GDPR, which provides for claims for compensation for non-material damages in the event of violations of data protection regulations. Source: judgments.news, article “Meta ordered to pay damages for unlawful data processing (05.02.2026)” (available at the link provided by the user).
Factual background of the cases
Processing of personal data in the context of Meta services
According to the reports, the disputes concerned the processing of personal data by Meta in the context of the company’s online services. The plaintiff claimed that data had been processed without sufficient legal basis, resulting in non-material harm to him.
Asserted impairment as non-material damage
The focus was not on pecuniary damage but on an impairment, which the plaintiff classified as non-material damage within the meaning of the GDPR. The OLG Naumburg therefore had to examine whether there was a data protection violation and whether this justified a compensation claim under Art. 82 GDPR.
Legal assessment by the OLG Naumburg
Legal basis: Art. 82 GDPR
According to the report, the decisions hinge on the fact that Art. 82 GDPR establishes an independent claim for damages if (1) there is a violation of the GDPR, (2) damage – including non-material damage – has occurred, and (3) a causal link exists between the violation and the damage. Furthermore, the responsibility of the data processor must be assessed.
Criteria for awarding non-material damages
According to the source, the OLG Naumburg awarded non-material damages. The decisions thus adhere to the EU law-influenced requirements that provide for compensation for non-pecuniary impairments in the event of established data protection violations, provided the factual prerequisites are met in each case.
Outcome of the decisions
Awarding of damages in two cases
According to the report, compensation claims were awarded to the plaintiff in both cases. The judgments demonstrate that courts can associate data protection violations with compensation claims even when there are no conventional pecuniary losses but rather an impairment of personal and data protection interests.
Significance for data protection disputes
From the perspective of the reports, the decisions highlight the practical relevance of civil claims in GDPR violations. The focus is on the court’s assessment of whether the specific data processing was covered by a viable legal basis and whether a compensable non-material impairment is substantiated.
Assessment by MTR Legal Attorneys
MTR Legal Attorneys advises companies, investors, and high-net-worth individuals on business law issues, including data protection topics related to digital business models and data processing activities. Those needing clarification on this can find further information on data protection legal advice at MTR Legal.
