[Matticus_Rex]

I don't have a lot of actual information on this, but the buzz in my privacy professional listservs is that EU courts have been VERY expansive about what constitutes "damage" in related legal spheres, and that those of us coming from a US legal background should not rely on our instincts about what kinds of damage could actually create a cause of action worth suing over.

[DanBC]

No. EU courts tend to define damage conservatively, and people suing for damage normally have to demonstrate actual financial losses.

But it's irrelevant here, because the law isn't based on damages.