collectiveaction

EVENT

23 October 2018

ICDPPC 2018 Side Event

The future for collective action under the GDPR

in association with Privacy Laws and Business

 

The private right of redress by way of collective action (Art.80) is a little discussed right in the EU General Data Protection Regulation (GDPR) but has the potential to transform the balance of power between companies and consumers. Individuals, such as consumers and members of labour unions can now get together as a group to take legal action to assert their data protection rights and seek redress by way of resolving problems or claiming compensation. This private right of action can be used when the same issue affects many people, where legal action by a few people would be prohibitively expensive. Collective funding has already been used by Max Schrems to finance his case up to the Court of Justice of the European Union which sunk the EU-US Safe Harbor.

 

Drawing on limited experience of collective action in France, Germany and the United Kingdom, this half day workshop will explore the potential for collective action under the GDPR and assess how this new European Economic Area right will differ from well-established class action cases in the United States. The workshop will address issues, such as:

 

1.1. Will there be a need for individual opt-in to a case? How would the public be made aware of relevant claims?

1.2. How will NGOs show a court that they have a mandate to act in a specific case?

1.3. How would a supervisory authority or a court deal with an organisation or association which abuses the right to lodge a complaint “independently of a data subject’s mandate” (Art 80.2)?

1.4. How should compensation for material and immaterial harms be quantified?

1.5. How will these cases be managed in the context of cross-border complaints?

1.6. To what extent will there be scope for no win, no fee legal advice?

1.7. How will these cases be pursued in the European Economic Area countries where collective action has not previously been a feature of the legal landscape?

 

Confirmed speakers include :

  • Professor Gloria González Fuster, Brussels Privacy Hub, Belgium (Moderator)
  • Stewart Dresner, Chief Executive, Privacy Laws & Business, UK (Moderator)
  • David Martin Ruiz, Senior Legal Officer, BEUC - The European Consumer Organisation, Belgium
  • Dr. Boris Uphoff, Partner, McDermott Will & Emery, Germany
  • Wojciech Wiewiórowski, Assistant European Data Protection Supervisor, Brussels
  • Ashley Winton, Partner, McDermott Will & Emery, UK

 

A full programme including final list of speakers will be available in due course.

 

Time: 14:30 - 17:30 (refreshments included)

Programme: The programme will be shortly available, in the meantime, more information is available here.

Venue: The Hotel, Boulevard de Waterloo 38, 1000 Bruxelles, Belgium

Walking distance from the Palais d’Egmont (venue of closed sessions): 5 minutes

Registration: This workshop is free to attend but by registration only, please complete the below registration form.

Connect with us

 

Brussels Privacy Hub

Law Science Technology & Society (LSTS)

Vrije Universiteit Brussel

Pleinlaan 2 • 1050 Brussels

Belgium

info@brusselsprivacyhub.eu

@privacyhub_bru

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