(1) In Article 82 of the UK GDPR (right to compensation for material or non-material damage), “non-material damage” includes distress.
(2)Subsection (3) applies where—
(a)in accordance with rules of court, proceedings under Article 82 of the UK GDPR are brought by a representative body on behalf of a person, and
(b)a court orders the payment of compensation.
(3)The court may make an order providing for the compensation to be paid on behalf of the person to—
(a)the representative body, or
(b)such other person as the court thinks fit.
Cases considering section 168 8
[2025] EWCA Civ 1117 · 22 August 2025Interprets
The provision makes clear that non-material damage includes distress. It does not define or limit Article 82, so compensation is not confined to a pleaded label of distress (see paras [41]; [49]-[53]).
[2024] EWHC 1709 (KB) · 3 July 2024Interprets
The provision formed part of the pleaded compensation claim, including alleged reputational damage, anxiety and distress. The court treated the recoverability of reputational damages in data-protection proceedings as unsettled and unsuitable for summary determination (see paras [43]; [92]-[107]).
[2024] EWHC 173 (KB) · 1 February 2024
Confirms that distress is included within non-material damage for the purposes of Article 82 of the UK GDPR. The court nevertheless held that the claimant had not pleaded or shown distress caused by the surviving post-2018 storage. (see paras [101]-[105], [116]-[129])
What each judgment says about section 168 is in the case-law panel in the full Act.