§ 83 BDSG
Damages and compensation
(1)Where a controller has caused damage to a data subject through the processing of personal data in a manner that was unlawful under this Act or under other provisions applicable to the processing, the controller or its legal entity shall be liable to the data subject for compensation. The obligation to compensate shall not apply insofar as, in the case of non-automated processing, the damage is not attributable to fault on the part of the controller.
(2)For damage which is non-pecuniary, the data subject may demand appropriate monetary compensation.
(3)Where, in the case of automated processing of personal data, it is not possible to establish which of several controllers involved has caused the damage, each controller or its legal entity shall be liable.
(4)Where fault on the part of the data subject contributed to the occurrence of the damage, Section 254 of the Civil Code shall apply accordingly.
(5)The limitation provisions applicable to torts under the Civil Code shall apply accordingly to the limitation of claims.