§ 45 ThürDSG
Compensation for damages
(1)(Article 56 of Directive (EU) 2016/680)
(2)Where a controller has caused damage to a data subject through the processing of personal data that was unlawful under this Act or other provisions applicable to such processing, the controller or his or her legal entity shall be liable to the data subject for compensation. The obligation to pay compensation 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.
(3)For damage that is not pecuniary damage, the data subject may claim appropriate compensation in money.
(4)Where, in the case of automated processing of personal data, it cannot be determined which of several participating controllers caused the damage, each controller or his or her legal entity shall be liable.
(5)Where the data subject's fault contributed to the occurrence of the damage, Section 254 of the Civil Code shall apply accordingly.
(6)The limitation periods for torts under the Civil Code shall apply accordingly. zur Einzelansicht § 45 Third Sub-Section Obligations of Controllers and Processors