Referral C-416/25 (Freie und Hansestadt Hamburg, 25 Jun 2025)

1. Must Article 2(2)(d) of the GDPR 1 and Articles 1(1) and 2(1) of Directive 2016/680 2 be interpreted as meaning that the assessment of a claim for compensation for non-material damage arising from a breach of the obligation to provide information regarding the processing of personal data by a court in proceedings concerning an administrative offence (administrative fine proceedings) is governed by the national law enacted to transpose Articles 56 and 14 of Directive 2016/680, or by Article 82 of the GDPR, read in conjunction with Article 15 thereof?

2. (a) If the GDPR is applicable, must the provisions in Article 82(1) and the first sentence of Article 82(2) of that regulation be understood as meaning that they also grant a data subject a claim in compensation for non-material damage arising from a breach of his or her right of access to information under Article 15 of the GDPR if that damage is suffered as a result of the late or incomplete provision of information?

(b) If Directive 2016/680 is applicable, must Article 56 of that directive be understood as meaning that Member States must also provide for a right to compensation for non-material damage arising from a breach of the right of access to information under Article 14 of that directive if that damage is suffered as a result of the late or incomplete provision of information?

3. If question 2(a) or 2(b) is answered in the affirmative, does the uncertainty for the data subject as regards the processing of his or her personal data constitute a breach of the obligation to provide information (under Article 15 of the GDPR or the national provisions adopted pursuant to Article 14 of Directive 2016/680) and does the resulting hindrance of his or her capacity to verify the lawfulness of the data processing and to assert any relevant rights constitute non-material damage within the meaning of Article 82 of the GDPR and Article 56 of Directive 2016/680?