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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


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