Privacy Platform: Will GDPR Enforcement through Mass Damage Claims Become the New Normal?

Two years into the General Data Protection Regulation (GDPR) era, it has become clear that Data Protection Authorities, despite their increased powers, can only address the "tip of the iceberg" of privacy violations. However, the rights to "full and effective" compensation of material and non-material damages under the GDPR also creates a fertile soil for collective actions claiming financial rewards in court. To this end, privacy and consumer NGOs as well as litigation funders and claim vehicles are becoming increasingly well-organised and funded to bring collective actions against companies' data monetisation practices all over Europe. Is private enforcement of data protection rights through the court system becoming the new normal?

Dwelling on case studies pending in various European jurisdictions, the panellists will discuss the impact of these developments on the rights to privacy and data protection, and address the key opportunities and challenges that consumers and companies face in connection with such proceedings. How should consumers organise for multi-year litigation projects? How should companies mitigate their litigation exposure? Should litigation funders be allowed to fund class actions under the GDPR, and receive a return on their investments? The speakers in this Privacy Platform will also explore parallels with sectors in which these developments have existed for decades, and identify crucial factors that in fact determine success or failure of mass damage claims.