Art. 82 GDPR: strict liability or liability based on fault?

Abstract

In its article 82 the GDPR expressly deals with damages for the infringement of the regulation. From the mere wording of the article it is not clear, whether the right to compensate is dependent on fault. Policy arguments suggest that the liability spelled out in the article 82 should be interpreted as strict. Strict liability although full and effective, in some instances may turn out to be excessive for the torfeasors and thus result in overdeternce. The aim of the article is both to verify the hypothesis of the liability at stake being strict and, in case of its affirmation, to propose to remedy some adverse effects.