§ 69 BlnDSG
Damages and Compensation
(1)Where a controller has caused damage to a data subject through the processing of personal data that was unlawful under a provision adopted in accordance with Directive (EU) 2016/680, the controller or its legal entity shall be obliged to compensate the data subject. 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 that is not pecuniary damage, the data subject may claim appropriate compensation in money.
(3)Where, in the case of automated processing of personal data, it cannot be established which of several participating controllers caused the damage, each controller or its legal entity shall be liable.
(4)Where contributory fault of the data subject contributed to the occurrence of the damage, Section 254 of the Civil Code shall apply accordingly.
(5)The limitation provisions of the Civil Code applicable to unlawful acts shall apply accordingly to limitation periods. zur Einzelansicht § 69