GDPR Rights in Action: Non-Material Damages and Explainability-by-Design

  • Panel
  • Class Room
  • Thursday 21.05 — 16:00 - 17:15

Organising Institution

Lexxion

The European Data Protection Law Review (EDPL) is a leading law journal dedicated to developments in EU data protection and digital regulation. Bringing together academics, practitioners, regulators, and policymakers, EDPL offers in-depth analysis of the GDPR, AI governance, platform regulation, and emerging issues at the intersection of law, technology, and fundamental rights. With a strong European perspective, the journal serves as a forum for critical debate on the evolving digital legal landscape.
This panel brings together the two finalists of the 2026 EDPL Young Scholar Award to present and discuss their cutting-edge research with the jury. The discussion will explore current judicial uncertainties surrounding compensation for non-material damages under Article 82 GDPR, alongside the challenge of operationalising explainability-by-design in automated decision-making systems under the GDPR. Together, the presentations examine GDPR rights in action, at the intersection of enforcement, accountability, and AI governance. The panel concludes with the announcement of the Young Scholar Award winner and a short award ceremony.

Questions to be answered

  1. How should courts distinguish compensable non-material damage under Article 82 GDPR from mere annoyance or abstract discomfort?
  2. How to address information asymmetry between data subjects and controllers without reversing the burden of proof?
  3. Where is the line between the compensatory and punitive effects of Article 82 GDPR?
  4. How can the right to an explanation be modelled in accordance with Article 25 GDPR?

Speaker

Hielke Hijmans

Belgian Data Protection Authority - Belgium

Prof Dr Hielke Hijmans is President of the Litigation Chamber and Member Executive Board of the Belgian Data Protection Authority. On part time basis he is professor at the Vrije Universiteit Brussel (VUB, Institute European Studies), member of the Meijers Committee (ngo on EU fundamental rights) and lecturer at Luxembourg University. He is author of The European Union as Guardian of Internet Privacy: The Story of Art 16 TFEU (Springer 2016), based on his doctorate thesis. Before his appointment ,at the Belgian DPA, he worked: • as consultant on EU law and data protection, e.g. at the Centre for Information Policy Leadership (a think based in Washington, London and Brussels) and at Considerati (a consultancy based in Amsterdam) (2016-2019), • at the European Data Protection Supervisor (EDPS), e.g. as head of unit Policy & Consultation policy unit (2004-2016), • at the Court of Justice of the European Union (Cabinet of Advocate General Geelhoed) (2000-2004) • and at the Ministries of Agriculture, Environment and Justice in The Hague, mostly dealing with legislation and EU law (until 2000) . He holds a law degree at Leiden University and a doctorate in law at the University of Amsterdam and the Vrije Universiteit Brussels.

Speaker

Frederik Zuiderveen Borgesius

Radboud University - Netherlands

Frederik Zuiderveen Borgesius is professor ICT and law. He works at the iHub (part of Radboud University), the interdisciplinary research hub on digitalization and society. His research mostly concerns fundamental rights, such as privacy and non-discrimination rights, in the context of new technologies. He regularly advises policymakers. His team and he are part of the EU-funded project FINDHR.