Data breach, danni non patrimoniali e art. 82 GDPR: il problema della polifunzionalità del rimedio risarcitorio

In the age of the Internet and the digitized society, the collection and processing of personal data represent an increasingly invasive reality of privacy and individual rights, but they are also indispensable for the pursuit of relevant social interests. In this context, marked by the relentless search for a point of balance between the different conflicting values, also the rules of civil liability, as provided for in the new EU Regulation, are called upon to guarantee the protection of the individual with a view to prudent balancing. with the requests for the circulation of information.