§ 78 HDSIG
Damages and Compensation
(1)Where a controller has caused damage to a data subject through the processing of personal data which was unlawful under this Act or under other provisions applicable to its processing, the controller or his or her legal entity shall be obliged to compensate the data subject. The obligation to compensate shall not apply where, in the case of non-automated processing, the damage is not attributable to the fault 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 determined which of several controllers involved has caused the damage, each controller or his or her legal entity shall be liable.
(4)In the case of contributory negligence on the part of the data subject, § 254 of the Civil Code shall apply accordingly.
(5)The limitation provisions of the Civil Code applicable to tortious acts shall apply accordingly.
(6)Further claims for damages shall remain unaffected.
(7)Recourse to the ordinary courts shall be available. zur Einzelansicht § 78