§ 71 LDSG RP
Compensation
(1)Where a controller has caused damage to a data subject through processing of personal data which was unlawful under this Act or other provisions applicable to their processing, the controller or his or her legal entity shall be liable to compensate the data subject. The liability shall not apply insofar as, in the case of non-automated processing, the damage is not attributable to the fault of the controller.
(2)For damage which is not pecuniary damage, the data subject may demand appropriate monetary compensation.
(3)Where, in the case of automated processing of personal data, it cannot be determined which of several controllers involved caused the damage, each controller or his or her legal entity shall be liable.
(4)Where there are multiple parties liable to pay compensation, they shall be jointly and severally liable.
(5)Where the fault of the data subject has contributed to the occurrence of the damage, Section 254 of the Civil Code shall apply accordingly.
(6)The limitation provisions of the Civil Code applicable to tortious acts shall apply accordingly.
(7)The assertion of further claims for damages on the basis of other legal provisions shall remain unaffected.
(8)Recourse to the ordinary courts shall be available. zur Einzelansicht § 71