Damage relevant within the meaning of Article 82 GDPR and in connection with german law is not alone measured by what happens to the data after a violation of data protection or who ultimately took note of it. Rather, decisive is the subjective loss of control suffered by the violated party as a result of the unauthorized processing of their data. This loss of control must be assessed not from the perspective of the recipient, but from the perspective of the violated party. According to the current case law of the German Federal Court of Justice (BGH), the mere loss of control over personal data is sufficient to constitute intangible damage within the meaning of Art. 82 (1) GDPR (BGH, NJW 2025, 1656 para. 15). The German Federal Court of Justice has clarified that intangible damage also includes anxiety, stress, and loss of comfort and time (BGH, NJW 2025, 1656 para. 8). The decision emphasizes that it is not necessary for the data to have actually been misused or made public for damag