§ 54 NDSG
Damages
(1)Where a data subject has been caused damage by the unlawful processing of his or her personal data under this Part or under other data protection provisions applicable to the processing of the controller, the controller or its legal entity shall be liable for the resulting damage irrespective of fault.
(2)For damage which is not pecuniary damage, the data subject may claim equitable compensation in money.
(3)In the case of non-automated processing, the obligation to pay compensation shall not apply where the controller demonstrates that the unlawfulness of the data processing is not attributable to him or her.
(4)Where, in the case of automated processing of personal data, it is not possible to determine which of several controllers caused the damage, each controller or its legal entity shall be liable.
(5)1§ 254 of the Civil Code shall apply mutatis mutandis to contributory fault of the data subject. 2The limitation provisions applicable to tortious acts under the Civil Code shall apply mutatis mutandis to the limitation of the claim for damages.