Right to compensation

Any person who has suffered material or non-material damage as a result of an infringement of data protection legislation has the right to receive compensation from the controller or processor for the damage suffered.

If the infringement was committed by a Public Administration, liability is determined in accordance with that provided in Law 40/2015, of 1 October, on the Legal Framework of the Public Sector. In all other cases, compensation must be claimed before the courts of justice.