MR JUSTICE WARBY Approved Judgment NT1 & NT2 v Google LLC all the circumstances was reasonably required to comply with the requirement concerned.” 31. I have placed s 13(2) in italics because, as the Court of Appeal held in Vidal-Hall v Google Inc [2015] EWCA Civ 311 [2016] QB 1003, the sub-section fails effectively to implement Article 23 of the DP Directive, and has to be disapplied because it is incompatible with the Charter. Accordingly, compensation is recoverable under the DPA for non-material damage, as well as material loss. It is helpful, in view of one of the arguments I have to consider, to set out the steps in the Court of Appeal’s conclusion: “79. … article 23 of the Directive does not distinguish between pecuniary and non-pecuniary damage. There is no linguistic reason to interpret the word “damage” in article 23 as being restricted to pecuniary damage. More importantly, for the reasons we have given such a restrictive interpretation would substantially undermine the objective of the Directive which is to protect the right to privacy of individuals with respect to the processing of their personal data. … 84. …. if interpreted literally, section 13(2) has not effectively transposed article 23 of the Directive into our domestic law. It is in these circumstances that the question arises whether it is nevertheless possible to interpret section 13(2) in a way which is compatible with article 23 so as to permit the award of compensation for distress by reason of a contravention of a requirement of the 1998 Act even in circumstances which do not satisfy the conditions set out in section 13(2) (a) or (b). … 94. We cannot … interpret section 13(2) compatibly with article 23. 95. Mr Tomlinson and Ms Proops [Counsel for the claimants and the ICO] submit that section 13(2) should be disapplied on the grounds that it conflicts with the rights guaranteed by articles 7 and 8 of the Charter. We accept their submission. … 96. Article 47 of the Charter provides: “Right to an effective remedy and to a fair trial. Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this article. 97. Article 7 provides that “Everyone has the right to respect for his or her private and family life, home and communications”. Article 8(1) (as we have earlier noted) provides that “Everyone has the right to the protection of personal data concerning him or her”.