Jurisdiction(s):
Ireland

EU collective redress: NOYB approved in Austria and Ireland as Qualified Entity to pursue GDPR injunctions and damages EU-wide under Directive 2020/1828; first actions planned 2025

Published on: 09 December 2024

Published by an LexisNexis Ireland - Commercial expert

Legal News

Article summary

NOYB has now been recognised as a ‘Qualified Entity’, allowing it to pursue collective redress actions before courts across the EU. Under Directive (EU) 2020/1828, these proceedings may take the shape of either an ‘injunction’ or a ‘redress’ measure. An injunction typically bars a company from unlawful conduct, including any GDPR breaches. Redress measures provide a European counterpart to a ‘Class Action’, so NOYB can represent thousands or even millions of users and, for instance, claim non-material damages when personal data has been processed unlawfully.

Approval in Austria and Ireland-valid throughout the EU.

The EU’s collective redress model relies on non-profit organisations that must first be approved as ‘Qualified Entities’ (QE) to bring enforcement proceedings. Unlike the ‘wild west’ style under US law, where any law firm can launch so-called ‘Class Actions’—often to their own advantage—the EU framework removes financial incentives for claimants and permits only non-profits, such as NOYB, to litigate such cases on a purely non-profit basis...

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