Search within the Lindenbaum website

home / news & insights /

Amsterdam, 28 January 2023

The ECJ’s Meta-Platforms case and the WAMCA

By Damiën Berkhout

Damiën Berkhout has published a case note about the Meta Platforms-decision by the European Court of Justice, and the consequences this decision may have for the Dutch collective action system. You can find the case note in JBP.

In Meta Platforms, the ECJ clarified the conditions that article 80 (2) GDPR provides for representative actions involving GDPR-rights. The ECJ finds that members states are free to decide whether or not they will allow for class action claims by representative organizations. But if national legislation provides the ability to file such claims about the GDPR, the legislation must respect the conditions set by the directive.

Mr Berkhout shows in his analysis that this entails that the so called ‘sufficiently representative’ standing requirements in the WAMCA system cannot apply when a WAMCA-claim revolves around GDPR-rights, because these conditions are too strict when viewed in light of article 80 (2) GDPR. He further argues that nevertheless, representative organizations should still try to gather a large base of supporters for other strategic reasons.

Lindenbaum’s attorneys have been involved in some of the largest WAMCA procedures up to date, including WAMCA’s focussed on GDPR-infringements. If you would like to receive the analysis and have questions regarding the interplay between the GDPR and the WAMCA, you can contact Lindenbaum.

Damiën Berkhout

Damiën Berkhout

Partner, dispute resolution expert

Contact

More publications

Lindenbaum is proud to sponsor the IBA Annual Litigation Forum

20 February 2024 - News

The International Bar Association will be hosting their three-day Annual Litigation Forum in Amsterdam from 17 to 19 April 2024. This year the Forum will revolve around key litigation themes such as The Hague Convention, cross-border enforcement, the handling of expert witnesses, and trends in class actions. Lindenbaum will be sponsoring the conference diner, and our partners Guido Vergouwen and Damiën Berkhout will be delegates at the Forum.

Read more

Rest assured: reassuring statements may delay the limitation period

15 February 2024 - Insights

The Supreme Court ruled in two recent judgments that reassuring statements, made by the liable person, may cause that the injured party does not yet have the necessary knowledge and insight for the (short) limitation period of Art. 3:310 (1) of the Civil Code to start.

Read more

Lindenbaum expands its antitrust litigation practice

1 February 2024 - Insights

Lindenbaum is pleased to announce that it is further expanding its antitrust litigation practice with the arrival of Simon Mineur (associate) and Niels Wessel (paralegal).

Read more