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Managing partner Damien Berkhout published an article regarding collective damages actions and privacy violations for Data & Privacyweb. This in response to the recent TikTok WAMCA ruling by the Amsterdam District Court.
In the article, he discusses (i) the enforcement deficit that exists in case of privacy violations due to the so-called collective action problem, (ii) the solution that private enforcement through collective actions can provide for this problem, and (iii) the important lessons that can be learned from the TikTok WAMCA decisions thus far.
You can find the article – which is in Dutch – here: https://privacy-web.nl/artikelen/de-tiktok-collectieve-actie-private-handhaving-van-privacy-komt-op-gang/
Lindenbaum’s attorneys have been involved as litigation counsel in several of the leading privacy collective actions in the Netherlands and Europe. Do not hesitate to contact one of our experts.
25 oktober 2024 - Publications
The International Comparative Legal Guide - Class and Group Actions 2025 has been published on 23 October 2025. Our colleagues Noor Hogerzeil, Simon Mineur and Damiën Berkhout have written the chapter on The Netherlands. This chapter provides an analysis of the Dutch class action system, and covers common issues including actions by representative organizations, court procedures, time limits, remedies, costs and funding.
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Advocate-General Kokott of the ECJ has delivered an important opinion on the application of the presumption of decisive influence in the context of a jurisdictional analysis under the recast Brussels I Regulation.
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The Dutch collective redress system continues to be dynamic, with interesting decisions being provided by the courts. In this class action update, Noor Hogerzeil and Damiën Berkhout provide comments on two recent cases. In the first case, the Dutch Supreme Court provides an important decision on the applicable limitation period for individuals after a successful collective action. In the second case, the court provides more clarity on the admissibility requirements in case of general interest and ESG claims.
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